Ever heard of Media Liability Insurance??

[janie]

My book is published and on the market, but I also have a blog, website, yahoo group, Facebook...you name it, related to the non-fiction subject of the book.

So I'm wondering if I need Media Liability, or Perils Insurance to protect me from defamation, false information, emotional distress, etc. of someone who is out to feel powerful, blaming and mean.

Ever heard of that insurance? If you have it, how did you find it? What's your premium? etc etc

[Billingsgate]

I can't believe such a thing exists. Actually, I suppose I can. I'm sure glad I don't live or work in the United States.

[janie]

I can't believe such a thing exists. Actually, I suppose I can. I'm sure glad I don't live or work in the United States.

Do you mean the law-suit-happy United States? Yeah, be glad.

Yes, it exists. Have found about 8 companies that carry it. Problem is that it can have a premium of $3000-5000 give or take, and that is beyond my budget. Did check out Argo's Media Insurance. You fill out a form to get a quote. First time, the quote was just over $2600. Still a yikes figure for me. Did it again, changing a few things, and got $1500. Better than both the above, but still a burden.

What irked me to no end is that the agent told me over and over that it would cost $700. When I got the two figures above and told him I'm disappointed, he finally admitted he was quoting me a figure from a history book, and he KNEW my book was not history but health-related.

Are insurance agents no better than used car salesmen?

[AConfusedWriter]

Yes - there's such thing. It'd probably be called differently depending where you live. We have a policy on our website. We were referred to a commercial liability insurance agent. She sent an RFP to various underwriters - it took some serious negotiations and back & forth (because insurance companies do not like internet media). After about 2 months of back and forth, we received 2 bids. Our premium is CAD $900 per year.

[janie]

Yes - there's such thing. It'd probably be called differently depending where you live. We have a policy on our website. We were referred to a commercial liability insurance agent. She sent an RFP to various underwriters - it took some serious negotiations and back & forth (because insurance companies do not like internet media). After about 2 months of back and forth, we received 2 bids. Our premium is CAD $900 per year.

Can I find out with who? That is FAR cheaper than any place I found!!

[Wayne K]

I have no idea about the legalities of this kind of insurance, but I wouldn't want to have to make a claim.

Insurance agencies are worse than the lawsuit happy morons in this country.

[janie]

I have no idea about the legalities of this kind of insurance, but I wouldn't want to have to make a claim.

Insurance agencies are worse than the lawsuit happy morons in this country.

Why would "insurance" be illegal? It isn't illegal to insure your house, insure your business property, insure your life. So I'm lost as to why it would be "illegal" to insure yourself against a lawsuit for what is said in a book, or on a website related to the book, or a blog, etc.

I do agree that insurance agents can be bad. The first one I talked to claimed the media insurance would be $700 over and over, yet when I filled out their quote form, it came to over $2500 and only covered "part" of what he said the $700 would cover. Give me a break. When I confronted him about the clear discrepancy, his unabashed defense was "The $700 was for a history book", which he KNEW mine was not. He never explained why he said everything related to my book would be covered, whereas the above $2500 ONLY covered my book and blog and not the website or a group.

[Wayne K]

Not illegal, but we have some strange laws governing insurance in this country. Regulated is more what I was thinking.

[mscelina]

It isn't illegal to insure your house, insure your business property, insure your life. So I'm lost as to why it would be "illegal" to insure yourself against a lawsuit for what is said in a book, or on a website related to the book, or a blog, etc.


*bolding mine*

Why would you need insurance about what you write in a book or say on a blog? Unless you're libelling or plagiarizing someone--in which case I don't think there's any insurance that will protect you in the case of breaking the law or violating an individual's privacy or fraud--there should be no need for such a thing.

[veinglory]

It seems like a rather odd idea to me.

[ajkjd01]

This doesn't sound quite kosher to me either.

[Gatita]

The National Writers Union used to offer it to members through Lloyd's of London. It is not uncommon for freelance reporters to buy this because they can't usually afford a media lawyer.

Even excellent reporters get threatened with libel suits, and there are staggering legal costs even if you win. So the insurance is nice to have. Mine used to have a $5,000 deductible and I think $5 million liability coverage.

But after a couple of years, I got dropped from the NWU policy because Lloyd's put in a clause saying they wouldn't cover investigative reporters anymore. Sigh. Luckily, I'm now at a newspaper so I'm covered.

[Billingsgate]

As pointed out above, I can't imagine any insurer covering damages from a libel suit if you're actually found liable. That would be akin to doctors' malpractice insurance, which does cover such things, and is expensive in the extreme. A $700 or even $2500 policy couldn't possibly offer that sort of cover. I can only see this sort of insurance being of use in the event of nuisance lawsuits--you know, the type of person who says he met you twenty-five years ago in a bar and said "Hey, you oughta write a book," and then considers that their "advice" is responsible for your career--in order to cover your legal fees.

If publishers start getting wind of so-called media liability insurance and start requiring it as part of the contract, which is the inevitable outcome if people start actually signing up for such nonsense (hey, it gets them off the hook totally, more so than the normal indemnity clauses), then policy rates will skyrocket (why wouldn't they, when they're mandatory), lawyers on contingency will be encouraged to initiate spurious lawsuits against writers (hey, they're only screwing the insurance companies, right?) and only independently wealthy writers will ever be able to get published.

Doctors can pad their fees to pay for their outrageous premiums on malpractice insurance, but how's a writer going to do that?

[Gatita]

Well, I was happy to have it when I could get it... but as I said, I got dropped. It was very affordable when the NWU offered it.

As a freelancer who wrote for small mags, I got hit with only the threat of a $10 million libel suit from a billionaire and the legal fees just to fight it were off the charts. And yes, we won.

So that's when I got the insurance. Not for everyone, but I was very glad it existed...

I wonder if now it costs an arm and a leg?

[nancyadams]

I have looked into this myself with Axis Pro and its too expensive!!

mscelina asked why would you need other than plagiarism and libel--what about personal injury?? I wrote and self-published a non-fiction book about pregnancy information, and I'd think someone could blame you for following information in your book, getting harmed, and then sue you, even if you clearly were just writing information and not personal advice.

So what do we do if we can't afford the premium? What do we do if we get sued and have no insurance to cover attorney costs?

Nancy

[Billingsgate]

Nancy, I hope you put a disclaimer at the front of the book that you'll find in most other books of this type. Something along the lines that the book is for information only and is not intended to be medical advice. Every such book needs one.

Reminds of when I used to share a house with an attoney. He successfully sued the city of Honolulu on behalf of a client who tumbled off a cliff, on the grounds that the city had failed to put up a sign saying "Do not jump off cliff". True story.

[nancyadams]

Billingsgate, I have a smashingly good disclaimer and terms of use. But it was my understanding that though those may stall someone from doing it, they ultimately carry no weight if a suit is filled? I hope I'm wrong. Hormonally challenged women can be a b-tch. The cliff tumbling story is a hoot.

Nancy