Libel
Misappropriation of Name/Likeness
Public Disclosure of Private Facts
False Light
Copyright Infringement
Errors and Omissions
BOOK PUBLISHER - LIBEL
A book publisher was sued due to a book it published concerning a municipality's management of various investments in the City Employees' Pension Plan. The book contained statements that suggested that recommendations of outside investment consultants were not followed by the municipal investment managers, identifying these people by name, including the plaintiff. The case was eventually dismissed. Legal fees to defend the case were above average in amount.
A book concerning the inside of a big city police department resulted in a claim for libel by a police officer who alleges he was portrayed as a police officer who should not be allowed to carry a badge or gun. Although the case was eventually dismissed on jurisdictional grounds, legal fees to defend the case were significant.
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BOOK PUBLISHER - MISAPPROPRIATION OF NAME/LIKENESS
A book publisher used an unauthorized photo of a celebrity to advertise a book. The celebrity claimed misappropriation of her likeness because the ad implied that she endorsed the book. After significant defense expense was incurred, the case settled.
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BOOK PUBLISHER - PUBLIC DISCLOSURE OF PRIVATE FACTS
An East Coast book publisher was sued in California regarding its book that dealt with rock music and various personalities therein. The book contained references to the plaintiff, a band groupie, which she alleged constituted the publication of private facts. The comments in question related to the plaintiff's alleged promiscuity and sexual relations with several members of a particular band. The case was settled for an average amount. Legal fees were slightly more than one third of the total amount of the loss.
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BOOK PUBLISHER - FALSE LIGHT
A book publisher was sued for false light and other causes of action related to its publication of a book, which described serious side effects from common treatments for kidney disease, including certain treatment methods, which were utilized by the plaintiff. The plaintiff alleged that these methods were portrayed as unsafe. The case was eventually dismissed as to the insured, but legal fees to defend the case were sizable.
A yearbook publisher was sued by a woman who complained that her photograph was used next to an article concerning safe sex. The plaintiff sued for false light and argued that the proximity of the photograph to the article implied that she was sexually active. The case was eventually settled for a moderate amount comprised equally of a settlement payment to the plaintiff and defense costs.
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BOOK PUBLISHER - COPYRIGHT INFRINGEMENT
A children's book publisher was sued in regard to a particular line of unique books. The plaintiff, another publisher, alleged that the ideas, themes and characters of the defendant's books were copied from the plaintiff's books. The case was eventually settled for a considerable sum just prior to trial. Legal fees to defend the case were over half a million dollars.
A major book publisher was sued for copyright infringement due to its publication of a book which plaintiff claims he had written and for which he had secured copyright protection. The plaintiff allegedly sent the book in question to the insured for possible publication, but was told that the book was not suitable for publication. Subsequent to that time, the publisher published another book under a different title, which the plaintiff alleged "borrowed" extensively from his book. The case eventually settled for a large amount. Legal fees were also significant.
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BOOK PUBLISHER - ERRORS AND OMISSIONS
A school textbook manufacturer was sued because of injuries suffered by a school student from an explosion when a chemistry experiment went awry. The case was eventually dismissed against the publisher, but legal fees incurred were substantial.
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*These claims are examples of those encountered in the types of businesses insured under AXIS PRO'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.