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I had a long talk with my insurance agent about this and found it not to be necessary for my blog (Technotheory) nor for my not-yet-launched web product (AwayFind) until we have serious revenue. So money is a consideration. But my professional liability insurance plays a role in that choice.
My one advice being self-employed in the technology world for a while is that there are lot of insurance agents that don't think hard about what technology oriented businesses need for coverage, so I'd highly recommend seeking out someone who really understands the differences between Professional Liability, E&O, umbrella policies, etc. (I know, it used to be Greek to me, too)
For anyone that wants to bug my agent, he's at L.E. Goldsborough & Son. but I don't know how much they do outside of the Mid-Atlantic/Northeast. Just try to find an agent that is independent of one set of underwriters so that they have multiple options for you rather than one set of plans they always promote.
Was this line a joke or a case in point?
I agree that professional blog writers should have a clean presence (among any others). Even though it's a blog, there are different levels of expectation and a corporate presence must adhere to best practices, clear and concise grammar, spelling and language.
In our case, we went back to our purchasing unit and suggested to them that this insurance wasn't necessary for the task in question (unlike Christopher's example above, this was the case in our view). After some negotiation internally, we signed the contract.
Suggestion: when possible, build a relationship with the people you're dealing with. Then, when an issue like this comes up, you can approach them and negotiate it in good faith.
And as far as the personal blog, as long as there is a disclaimer that this is opinion etc. and as you say, it is professional, I'd put this in the category of the underwriters don't understand what a blog is.
I rarely give anything instructional on my blog, but even if I do, I feel that it's up to people to realize that this is the internet. Facts are inaccurate on the best of sites. The Wikipedia knows this quite well, and by no means will I have millions of people doing fact checking for accuracy and adding solid citations to my blog. It's absurd.
I'm wondering what the growth projections (and bonuses to their paychecks) that insurance companies are hoping to see from this. This is a sad day for the internet.
As blogs transition from "new media" to "media" these issues will drive a lot of changes to content and the role the creators of such play in its input.
Having worked in publishing for newspapers and magazines, fact-checking was and remains paramount. One argument I've heard is, how can a blogger be taken seriously if they are not willing to at least consider some type of checks and balances?
Sure the internet and blogging provides freedom to anyone who wishes to share an opinion, but there's a difference in providing an opinion than becoming a "blogger of record." If you aim to be "of record," then you may want to think about fact-checking more seriously. For those who are aligning themselves in that category, there may be a need to consider this type of insurance.
Susan makes a point, if you are hired by a company to write about their products, don't they support their own system of checks and balances and have the copy run by PR or legal?
Why should the content provider be solely responsible? The onus should fall on the company to provide coverage for this. Push back.
However, I still don't see why a freelance writer or a blogger should need E&O insurance, unless they are providing some sort of business critical functionality -- like software development -- or they are providing information that people may rely on for important decisions. Regardless of the fact that people should evaluate the source of all info and we are an entirely too litigious society, I would consider it under both those circumstances.
This might be an interesting topic for a social media breakfast.
As a lawyer, it's important to understand that the law is always a few years behind tech and tech revolution. Laws are not created pro-actively, but in response to problems as they arise; as a result, since these areas are pretty new, there's not a lot of guidance yet- but I will do some more reearch on this as well, and let you know if I find anything interesting or relevant.
The main issue I had was that why the underwriters would even want to look at the work/blog - or feel they had a right? What if it were confidential or proprietary work? In any case, the work requested from me was not factual or financial - it was to be more as if a personal blog (with some ground rules - no cursing, no adult content, no outright slander, PG13, etc.) Do newspaper or magazine journalists that write the "Dear Abby" columns need E&O? It took three phone calls to three different people at the insurance company to find someone that had any clue what a blog was, let alone what type of rider to underwrite. Online media and user created content apparently still a long way to go to hit the mainstream. Sigh.
http://www.LynetteRadio.com
http://www.NewJerseyMomsBlog.com
This indirectly penalizes people for identifying themselves online and running their blog in the US. I could attempt to keep myself fully anonymous and run my blog out of some island in the pacific.
I feel that very indirectly that this on a gut level violates some of the new-free speech that we love on the internet. This isn't 1st amendment free speech, but the feeling that we really can put anything out there online freely and that it's a new online frontier that is with far fewer laws and regulation. It is the wild west. These lawsuits and insurance are modern day LA coming to the Wild West.
I agree that people should be held accountable for their actions, but for mis-quoting something online, or a simple typo? Isn't this the same place that we can talk like a pirate or lolcat? Seems to be a dissonance here.
As a larger question, if this insurance is valid, can you sue someone for comments online? Like seriously, can trolls on Youtube be sued for public defamation and damages?
This is a dangerous rabbithole that I hope the lawyers and insurance agents don't drag us down.
As an insurance broker for the tech sector, I can tell you that insurance underwriters are looking very carefully at blogging and they will shy away if they perceive a high risk hazard. However, if your blog is comprised of legitimate content and doesn't fly the skull & bones flag, insurance underwriters will consider offering quotes. You just have to be prepared to present your case to them and be willing to work with them with regard to risk control.
I don't know the nature of the blog in question above, but what I can tell you is that the unknown is what scares underwriters. Errors & Omissions insurance for the media industry is technically called Media Liability. Traditionally, publishers, broadcasters, and advertising agencies buy this coverage to protect against such risks as libel, slander, invasion of privacy, and intellectual property infringement to name a few. In essence, a blogger is a publisher, and if blogging comments are perceived as defamatory, the blogger can be sued. And if you are a contractor blogging for a client, they can be sued, and that is why they want you to have the coverage.
Yep, total bummer, but it's just another part of doing business. You should check out www.eff.org for some great information on internet related rights and legalities.
It sounds to me like you are being misunderstood. You should contact First Media or Chubb directly and talk to them about it. They can certainly direct you to a broker that understands media liability and get this cleared up for you. If you run into any road blocks, let me know.
Andy
Premiums are underwritten by Axis Insurance and start at about $500 and increase depending on risk factors. There are deductibles.