You've selected MAGAZINE PUBLISHER Claims Examples for the AXIS PRO^® Media Liability Program.

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


MAGAZINE PUBLISHER - LIBEL

An East Coast magazine publisher was sued for libel resulting from an interview of a sports figure. The plaintiff was a former manager for a sports figure. In the interview, the sports figure indicated that the plaintiff had "stolen money from him". The case eventually settled as a result of mediation. The settlement was comprised of equal payments to the plaintiff and the plaintiff's attorney, and the publisher had its own substantial legal expense as well.

A national publication was sued for libel based on an article it had written, which indicated that a court had found a security dealer guilty of fraud, when, in fact, no such finding had been made. The story was wrong because the reporter didn't understand important distinctions made in the court's ruling. Plaintiff claimed damages in excess of $1,000,000. The case was eventually settled after mediation for a large amount. When combined with the insured's defense costs, which represented one third of the total expended, the total approached seven figures.

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MAGAZINE PUBLISHER - MISAPPROPRIATION OF LIKENESS

A regional magazine in the East was sued concerning a photograph it ran in conjunction with a story detailing illegal immigrants. Plaintiffs alleged libel and invasion of privacy, and maintained that the photograph had no relationship to the story or the photograph's caption. While the case was eventually dismissed on summary judgment, legal fees were significant.

A magazine publisher was sued in California for its use of a picture of two individuals in an advertisement for the magazine that was contained in the magazine. The plaintiffs alleged that their likeness had been appropriated without their permission. After a long protracted litigation, the case was eventually settled between the parties with a walk-away settlement (no payments to either party). Legal fees to defend the case were sizable.

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MAGAZINE PUBLISHER - PUBLIC DISCLOSURE OF PRIVATE FACTS

A magazine publisher in the Southeast was sued over an article that it published concerning the operations of the helicopter by the local sheriff's department. The article contained a statement that the plaintiff (the only helicopter pilot in the department) made flights to meet his "girlfriend". The plaintiff, who was married, sued for libel and public disclosure of private facts. The case was eventually settled after a long defense.

An East Coast magazine was sued by a woman over an article that it published concerning her husband's suicide. The plaintiff sued for public disclosure of private facts concerning the couple's marriage. The case eventually settled for a significant amount, including legal fees.

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MAGAZINE PUBLISHER - FALSE LIGHT

An East Coast magazine was sued by a model on the basis that the use of her picture on the cover was unflattering to her and portrayed her in a false light. The magazine had, through its normal channels, requested a photograph of the woman, and a number of photographs were taken during a photo shoot. The photo that was actually used was out of character with the other photographs and had been taken of the woman with the representation that it would be taken "just for fun". Legal fees to defend the case were of an above average amount.

The plaintiff sued a magazine publisher in the Southeast concerning a story about another man's conviction for selling crack cocaine. The story also indicated that the plaintiff had been arrested as well, and that the plaintiff was a member of the gang that was the subject of the article. While plaintiff was, in fact, arrested, plaintiff was not a member of the gang. The plaintiff sued for false light and the case was eventually settled. Defense costs more than doubled the total loss.

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MAGAZINE PUBLISHER - COPYRIGHT INFRINGEMENT

A magazine was sued for its own advertisement that ran in a magazine. The advertisement contained a photograph of a well-known outdoor sculpture. The cost to end the case was significant. Roughly two thirds of the money paid on the claim was for defense costs and one third was for the settlement payment to the plaintiff.

A national magazine was sued for copyright infringement for printing a letter written by the plaintiff. Although the letter had been sent to a number of persons, it was not sent to the magazine and was not intended for publication. Legal fees to defend the case were sizable.

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MAGAZINE PUBLISHER - TRADEMARK INFRINGEMENT

An East Coast magazine publication was sued on the basis that its title infringed on the plaintiff's trademark. The case was eventually settled for a moderate sum. Legal fees incurred in defense of the case far exceeded the amount of the settlement.

This case involved a dispute between two rival organizations over marks used throughout the country to certify quality standards within a particular food industry. The magazine published an article bringing it into the dispute. The claim involved a long contentious history in the courts and was eventually settled between the parties for non-monetary consideration. However, legal fees incurred were considerable.

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MAGAZINE PUBLISHER - NEWS GATHERING

A regional magazine was sued by a former businessman as a result of its investigative work on a story that profiled certain business people and their unscrupulous business practices. The case was aggressively litigated and was eventually dismissed. Legal fees to defend the case were in the mid-six figures.

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MAGAZINE PUBLISHER - ERRORS AND OMISSIONS

A magazine publisher in the Northwest was sued on the basis of a personal advertisement that appeared which indicated that a woman, identified by a first name and the first letter of her last name, might have "shared more than time with you. Contact your doctor". The wrong name was used on the ad. The case was settled quickly at an above average amount with fairly limited attorneys' fees.

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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.