Libel
Misappropriation of Name/Likeness
Public Disclosure of Private Facts
False Light
Trademark Infringement
News Gathering
Errors and Omissions


NEWSPAPER PUBLISHER - LIBEL

A specialty newspaper was sued for an article that related to a suspension of license. Plaintiff's license was apparently not revoked permanently, but was merely suspended pending an investigation. Plaintiff alleges that he was libeled and suffered damages to his business as a result of the article. The case was eventually dismissed, but not before an above average amount was expended in defending the case.

A newspaper was sued for a review of a book that it conducted, which questioned whether the person writing the book had been an eyewitness to the events as he claimed in the book. After a lengthy court-ordered mediation, the case was eventually settled for a significant amount. Legal fees to defend the case were much higher.

An East Coast newspaper was sued due to personal ads that ran and contained disparaging sexual references to the plaintiff. The case was eventually settled for an average amount, one half of which was legal fees.

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NEWSPAPER PUBLISHER - MISAPPROPRIATION OF NAME/LIKENESS

A small town newspaper in the East was sued for the use of a photograph of the plaintiff that was superimposed over a drawing of a woman in an advice column. The case was eventually settled after a vigorous defense.

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NEWSPAPER PUBLISHER - PUBLIC DISCLOSURE OF PRIVATE FACTS

A newspaper published for a specific religious denomination contained a "letters" feature to which readers could write in for advice. The column was written by a psychologist who contributed to the paper on a freelance basis. A letter discussed a couple, saying the woman had tricked her husband-to-be by not telling him she had once been a prostitute, that she was not a member of his faith, and sought advice as to how to break the news to the husband-to-be. The plaintiffs came forward and said they were identified by the letter that referred to them only by first names. They claimed the letters provided embarrassing private information about them. The case was eventually settled for a substantial amount and legal fees.

A West Coast newspaper was sued for invasion of privacy by a public disclosure of private facts, a form of invasion of privacy, for publishing an article and photograph related to a report on AIDS. The article profiled an AIDS patient and identified the plaintiff by a fictitious name. A photograph used with the article portrayed the plaintiff in profile, but mistakenly allowed his face to be visible. Plaintiff had agreed to publication of the photograph and the story only if he was not identifiable. The case settled for a typical amount and an equal sum for defense costs.

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NEWSPAPER PUBLISHER - FALSE LIGHT

A newspaper in the West indicated that it was going to expose consumer fraud concerning a group that had advertised certain prize awards such as a car, a vacation in Hawaii and other prizes, including money. The newspaper indicated that the business engaged in deceptive business practices of an unscrupulous nature. The plaintiff alleged that its business practices were wrongfully depicted by the article. The causes of action alleged by the plaintiff were libel, false light and other related causes of action. The case was settled, after an active litigation.

A Midwest business newspaper was sued for false light in the amount of $1,300,000 based on a story that indicated that plaintiff had gone out of business when, in fact, only one manufacturing facility of the plaintiff was being closed. Based on estimates of lost profits and legal fees to try the case, the case was settled for a sizable amount. Defense costs were considerable.

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NEWSPAPER PUBLISHER - TRADEMARK INFRINGEMENT

A newspaper was sued for its publication of recipes based on a well-known food product, which featured the product's brand name. The owner of the brand name complained that the newspaper was competing with its own book of recipes. Legal fees to defend the case were substantial.

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NEWSPAPER PUBLISHER - NEWS GATHERING

A Midwestern newspaper reporter, as part of an investigation, wrote a letter to Federal authorities asking for confirmation of information. The letter was never published, but caused the Federal agency to drop the plaintiff, a construction company, from its program. The plaintiff ultimately lost its line of financing with local banks as a result. The newspaper, whose libel insurance policy had a $1 million limit, was nearly bankrupted by the jury's $900,000 verdict.

A newspaper photographer went on to private property to take pictures of a local celebrity's secluded wedding. The celebrity sued for trespass and refused to let the case die. Although the danger turned out to be small, the defense costs were very large.

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NEWSPAPER PUBLISHER - ERRORS AND OMISSIONS

An East Coast newspaper was sued for negligence based on a story it published about the arrest of a person who had the same name as the plaintiff. The story reported that the person lived at plaintiff's address. The criminal suspect was a person of the same name, but the arrested person did not live at the plaintiff's address. Plaintiff stated that the newspaper's negligence caused persons that she knew to believe that she had been arrested. The case was eventually settled by payment of a fairly modest amount, including legal fees.

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*These claims are examples of those encountered in the types of businesses insured under Media/Professional's Media Liability Plus Program.

Some are claims we've handled; in others, we were not directly involved. Coverage for these claims is not to be inferred from this list but must always be determined in reference to a particular insurance policy, which is the controlling document, as well as the facts and circumstances of each claim and applicable law.