The Role of E&O Media Liability Insurance Coverage

March 8, 2024

In the modern landscape of constant content creation and distribution, risks related to media content can be significant. For risk managers and procurement professionals, understanding and securing appropriate Errors and Omissions (E&O) Media and Technology Liability insurance is crucial to managing your third party vendors.

The Shield Against Media Liabilities

Errors and Omissions insurance, also known as Professional Liability insurance, plays a crucial role in managing risks associated with media and technology liabilities. 

Here’s how E&O insurance intersects with media and technology liability:

  1. Coverage for Professional Services: E&O insurance typically covers claims related to errors, omissions, or negligence in providing professional services. In media and technology, this can include advertising, creating content, developing software, marketing online, and giving advice.
  2. Protection Against Legal Claims: E&O insurance provides financial protection by covering legal defense costs, settlements, and judgments resulting from alleged negligence, mistakes, or failure to deliver promised services.
  3. Defense Costs for Intellectual Property Claims: Media and tech companies may face legal expenses for defending claims of copyright or trademark violations. These claims are related to their products or services, and accusations of stealing ideas can lead to exorbitant legal fees. E&O insurance can help pay for defense costs in these situations.
  4. Coverage for Breach of Contract Claims: Contracts in media and tech often cover breach of contract claims, including service quality, delivery times, and performance guarantees. If a company fails to meet these contractual obligations, it may face breach of contract claims. E&O insurance can provide coverage for such claims.
  5. Media Liability Insurance Coverage: Media Liability insurance specifically covers risks associated with content creation, publishing, broadcasting, and advertising. It protects against claims of defamation, invasion of privacy, copyright infringement, and other related liabilities arising from media content.

Common Risks Covered Under Media Liability Insurance

Here’s what media liability insurance generally covers:

  • Copyright infringement: Accidental use of copyrighted material without permission.
  • Trademark infringement: Using a trademark without permission, leads to confusion about where a product or service comes from.
  • Defamation: False statements made against an individual or entity that can harm reputation.
  • Invasion of privacy: Sharing personal information without consent.

These issues aren’t covered by your standard general liability insurance, opening up underinsured businesses to uninsured risk.

Media liability coverage steps in where general liability policies fall short, covering defense costs and damages pertaining to these specialized risks.

Why Media Liability Insurance Coverage is Important When Working with Third Party Vendors

When engaging third-party vendors for media services, businesses are exposed to various risks in the form of costly legal disputes, reputational damage, and financial losses. These risks are inherent in third party vendor relationships because you can be held responsible for errors or negligence of a vendor that you contract with. Maintaining robust Media Liability Insurance is just one measure, albeit a reactive one, that you should take to protect yourself from these risks inherent in your third party media vendors.

Why You Need A Third Party Risk Management Solution: Automated and Proactive Financial Protection 

A robust Third Party Risk Management program is the only proactive measure to mitigate the financial, reputational, and operational risks inherent in third party networks. By requiring and verifying that third-party vendors have adequate insurance coverage in place, businesses can mitigate risks effectively and foster successful partnerships in today’s dynamic media landscape.

Utilizing a certificate of insurance tracking solution to automatically collect and verify evidence of coverage doesn’t just fulfill your due diligence obligation—it offers an efficient and accurate way of managing risks associated with your media operations.

In the wake of a liability claim, defense costs can mount quickly, threatening the financial stability of your organization. Having verified your vendors’ media liability insurance coverage provides a financial safety net that absorbs these unexpected expenses.

Proactively managing the risks via E&O media liability insurance and third party certificate of insurance tracking isn’t just about having a safety net—it’s about business survival and credibility. 

Your next big media project shouldn’t be your biggest liability.

Risk managers and procurement executives—align your business strategy and risk strategy by prioritizing the verification of third party media liability insurance to safeguard your company’s future through every like, share, and publish.

Are you getting the most out of your risk management strategy? Connect with our team to learn more about how Evident can revolutionize your approach to risk management.

Ben Fogle

A former business strategy and operations consultant for several large firms, including EY and Slalom, Ben Fogle currently serves as the VP of Business Development at Evident where he helps manage the rhythm of the business and leads the partner growth initiatives.

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