Media liability
(professional liability)
Proposal form
Important notice
1. This is a proposal for a contract of insurance in which ‘Proposer’ or ‘you/your’ means the individual, company,
partnership, trust, charity, establishment or association proposing for cover.
2. This proposal must be completed in ink, signed and dated. All questions must be answered to enable a quotation to be
given but completion does not bind you or Underwriters to enter into any contract of insurance. If space is insufficient
to answer any question fully, please attach a signed continuation sheet. You should retain a copy of the completed
proposal (and of any other supporting information) for future reference.
3. All facts material to the proposed insurance must be disclosed, fully and truthfully to the best of your knowledge and
belief. Failure to do so may make the contract of insurance voidable or severely prejudice your rights in the event of a
claim. A material fact is one likely to influence Underwriters’ assessment or acceptance of the proposal; if you are
uncertain what may be a material fact you should consult your broker.
4. You are recommended to request a specimen copy of the proposed policy or certificate from your insurance broker
and to consider carefully the terms, conditions, limitations and exclusions applicable to the cover. The proposed
insurance covers only those losses which arise from certain events discovered or claims made against the Assured
during the period of insurance, as specified in the policy or certificate.
www.markelinternational.com/uk
PART A - MEDIA LIABILITY / GENERAL SECTION (Mandatory)
This provides protection in respect of claims made against you arising from your publications, broadcasts, transmissions
and the like
1. Proposer
Name
Address of registered or principal office
Postcode
Telephone number
Email address
Website address
ACTIVITIES
2. CONVENTIONAL PUBLISHING
Do your activities involve Conventional Publishing (including printing of material published by yourself)?
YES
NO
If YES, please complete this question fully. If NO, move on to question 3.
(a) What are your total gross income/fees for your last complete financial year emanating from Conventional
Publishing in each of the following geographical areas?
• UK (Excluding Northern Ireland)
• Northern Ireland and Eire
• USA/Canada
• Elsewhere
Total
£
£
£
£
£
(b) Please provide a percentage breakdown of your total gross income/fees for the following activities for
your last complete financial year
(i) Newspapers
National Newspapers
National Newspapers – Specialist (e.g. Sport, Racing etc. – NOT financial)
Local Newspapers
Political, Satirical, Contentious Newspapers
(ii)
Magazines
Political, Satirical, Contentious Magazines
Popular Magazines (excluding Biographies)
Popular Magazines (including Biographies)
Political, Biographies and Autobiographies of Living Persons
Children’s, Educational, Factual, Hobbies and Interests
Technical/Financial/Research
News/Current Affairs
(iii) Trade
General Trade Journals
Technical Trade Journals
(iv) Books
Political, Biographies and Autobiographies of Living Persons
Biographies of Deceased Persons
Children’s, Educational, Factual, Hobbies and Interests
Technical/Financial/Research
Fictional
%
(c) (i)
Please provide the following information in respect of all your publications - or alternatively,
submit a copy of your catalogue or state the web address where your catalogue can be viewed
Name of all publications
Web address where your catalogue can be viewed
(ii) Please provide the following information in respect of each of the following categories
Type/Nature of publication
Newspapers
(specify whether National, Local etc.)
Magazines
(specify whether Sport, Current Affairs etc.)
Trade Journals
(specify type of trade)
Books:
Political, Biographical, Autobiographical of Living Persons
Biographical of Deceased Persons
Children’s, Educational, Factual, Hobbies and Interests
Technical, Financial, Research
Fiction
Other (please provide details)
Approximate circulation or print run
number and frequency
Frequency of publication
Countries in which
circulated/published
How long has each publication
been in circulation
RISK MANAGEMENT
(iii) Can you confirm that you have in place procedures/systems for legally checking any material of a
potentially contentious nature which may need to be examined prior to publication (e.g. to establish
ownership of copyright, documentary evidence of source, accuracy/truth of statements etc.)?
YES
NO
(a) If YES please give details of your system including names of counsel/solicitors used
(b) If NO please explain why not
3. CONVENTIONAL PRINTING
Do your activities involve Conventional Printing (of material not published by yourself)?
YES
NO
If YES, please complete this question fully. If NO, move on to question 4.
(a) What are your total gross income/fees for your last complete financial year emanating from Conventional
Printing in each of the following geographical areas?
• UK (Excluding Northern Ireland)
£
• Northern Ireland and Eire
£
• USA/Canada
£
• Elsewhere
£
• Total
£
(b) Please provide a percentage breakdown of your total gross income/fees for the following activities for
your last complete financial year
%
General Contract Printing
(c) (i)
Please provide the following information in respect of each of the following categories
Type/Nature of publication
Newspapers
(specify whether National, Local etc.)
Magazines
(specify whether Sport, Current Affairs etc.)
Trade Journals
(specify type of trade)
Books:
Political, Biographical, Autobiographical of Living Persons
Biographical of Deceased Persons
Children’s, Educational, Factual, Hobbies and Interests
Technical, Financial, Research
Fiction
Other (please provide details)
Approximate circulation or print
run number and frequency
Frequency of publication
Countries in which
circulated/published
How long has each publication
been in circulation
RISK MANAGEMENT
(ii) Can you confirm that there is a formal Print Contract between yourself and your customer?
YES
NO
If YES please answer the following questions (a) and (b), if NO please answer (c)
(a) Do you assume liability under the Terms of Contract other than for your own errors?
YES
NO
(b) Does the Contract make the customer responsible for any liability arising out of publication content
(e.g. defamation)?
YES
NO
(A copy of the Contract(s) should be supplied)
If NO to any of the above, please answer the following question
(c) Please explain why a formal Print Contract is not used
4. BROADCASTING
Do your activities involve Broadcasting?
YES
NO
If YES, please complete this question fully. If NO, move on to question 5.
(a) What are your total gross income/fees for your last complete financial year emanating from Broadcasting in
each of the following geographical areas?
• UK (Excluding Northern Ireland)
£
• Northern Ireland and Eire
£
• USA/Canada
£
• Elsewhere
£
• Total
£
(b) Please provide a percentage breakdown of your total gross income/fees for the following activities for your
last complete financial year
%
(i) News
(ii) Documentary, Discussion, Unscripted Live Discussion, Phone-ins, Advice
(iii) Current Affairs, Education, Health/Medicine, Natural World etc.
(iv) Plays, Films, Comedy, Musical
(v) Advertising
(c) (i) Please complete the following breakdown for the various categories of programmes
State the
percentage
of the
various
types of
programme
which are
broadcast
What percentage proportion
of your broadcasting
consists of:
Original
matter
transmitted
from your
Station/
Channel
Re-diffused
matter
which
originates
from
another
Station/
Channel
State the percentage source of programmes which are not
produced by you from each of the following geographical
areas:
Other
programme
contractors
in the UK
(Excluding
Northern
Ireland)
Northern
Ireland and
Eire
USA/
Canada
News
Documentary, discussion,
unscripted live discussion
(phone-ins, advice)
- Current affairs
Entertainment/sport
- Education
- Health/medicine related
- Natural World
- Other
(please provide details)
Plays, films, comedy,
musical
Advertising
100%
Total
100%
(ii)
What is the average number of hours per day during which broadcasting
takes place?
(iii) Are books, pamphlets, publicity handouts etc. supplied in respect of broadcasting
activities or programmes?
YES
NO
If YES please provide detail
Elsewhere
(please
provide
details)
What
percentage
proportion of
programmes
will be
transmitted
in languages
other than
English
RISK MANAGEMENT
(iv) Have you agreed or will you agree to indemnify the suppliers of programmes which are not
produced by you?
YES
NO
If YES please state the form in which such indemnity will be given and provide a copy
(v) Do you receive an indemnity from the suppliers of programmes which are not produced by you?
YES
NO
If YES please answer the following question
(a) Please state the form in which such indemnity will be given and provide a copy
If NO please answer the following question
(b) Please advise why such an indemnity is not obtained
(vi) Do you require an indemnity from contributors?
YES
NO
If YES please attach a copy of your standard contract used in connection with the engagement of
contributors
If NO please answer the following question
(a) Please advise why such an indemnity is not obtained
(vii) Can you confirm the following ‘good practice’ in respect of programmes produced by you?
(a) Advance copies of political or other speeches are required
(b) Manuscripts are checked whilst broadcast is in progress to detect any variation
(c) Such manuscripts are not supplied to other broadcasting stations
YES
NO
If NO please provide full details
(viii) Provide details of your internal procedures for legally checking material prior to broadcast and the time
delay mechanism you operate in respect of ‘live’ broadcast and phone-ins
(ix) Provide details of your use of external counsel/solicitors for legally checking any material of a
potentially contentious nature prior to broadcast
5. INTERNET
Do your activities involve Internet services? (include Internet Publishing/Broadcasting in (4) above)
YES
NO
If YES, please complete this question fully. If NO, move on to question 6.
(a) What are your total gross income/fees for your last complete financial year emanating from Internet
services in each of the following geographical areas?
• UK (Excluding Northern Ireland)
£
• Northern Ireland and Eire
£
• USA/Canada
£
• Elsewhere
£
• Total
£
(b) Please provide a percentage breakdown of your total gross income/fees for the following activities for
your last complete financial year
%
(i) Web Hosting (Non-technical i.e. not communications)
(ii) Web Design
(c) (i) Can you confirm that
(a) You are not an internet service provider (ISP), information technology (IT) and/or a computer
consultant and/or a financial institution (including but not limited to a bank, building society,
insurance company, venture capital company or the like)?
(b) You do not publish pornography or obscene material on the internet?
YES
NO
If NO please provide full details
(ii)
Do you make any statement on your web site concerning the suitability or usage of any product
sold, supplied or maintained by or on your behalf
YES
NO
If YES please provide full details including type of information provided, source of the information
and your checking/vetting procedures to ensure the accuracy of such information
(iii) Do you offer guidance, recommendations or advice on your web site?
YES
NO
If YES please provide full details including the type of guidance, recommendations or advice, who
deals with such advice etc. and whether or not such advice etc. is provided in response to a
specific query (e.g. in response to an e-mail query)
(iv) Do you provide chat rooms, bulletin boards, user nets or electronic forum debates?
YES
NO
If YES please answer the following question
(a) Do you host or sponsor such chat rooms, bulletin boards, user nets or electronic open forum
debates?
YES
NO
If YES please answer the following question
(i) Please provide full details of all such chat rooms etc hosted, sponsored or operated by you
(including their purpose and intended users)
(ii) Please provide full details of your risk management procedures including your procedures and
protocols for the withdrawal of any material from your web sites, disclaimers of liability,
qualification of statements and/or answers to questions or queries, and the receipt and
handling of complaints
RISK MANAGEMENT
(v) Can you confirm the following ‘good practice’?
(a) disclaimers of liability are displayed on all web sites
(b) you have all necessary intellectual property rights on a worldwide basis in respect of all the
content of your web sites
(c) you operate written e-mail protocols which, inter alia, advise and warn staff of the
hazards of defamation and/or infringement of intellectual property rights on the internet
(d) such protocols form part of your employees contracts of employment
(e) if your web site is hosted, operated or maintained by a third party you do not accept responsibility
for their actions
(f) either you and/or your web site host have procedures in force to immediately withdraw any material
(g) either you and/or your web site host have implemented (and maintain and update) procedures
and/or programs designed to prevent or protect against unauthorised use or modification of or
access to your computer and/or your web site
(h) either you and/or your web site host regularly make back-up copies of all your data, files or
programs and such backups are kept secure from unauthorised use or access
YES
NO
If NO please provide full details
6. AUTHORING
Do your activities involve Authoring?
YES
NO
If YES, please complete this question fully. If NO, move on to question 7.
(a) What are your total gross income/fees for your last complete financial year emanating from Authoring in
each of the following geographical areas?
• UK (Excluding Northern Ireland)
• Northern Ireland and Eire
• USA/Canada
• Elsewhere
£
£
£
£
£
• Total
(b) Please provide a percentage breakdown of your total gross income/fees for the following activities for
your last complete financial year
%
(i) Political, Biographies and Autobiographies of Living Person
(ii)
Children’s, Educational, Factual, Hobbies and Interests
(iii) Technical/Financial
(iv) Fictional
(v) Copywriter/Ghost Writer
(c) (i) Provide details of any former names/pseudonyms etc
(ii) Provide details of all your works
7. OTHER
Do your activities involve other work not mentioned above?
YES
NO
If YES, please complete this question fully. If NO, move on to question 8.
(a) What are your total gross income/fees for your last complete financial year emanating from other work in
each of the following geographical areas?
• UK (Excluding Northern Ireland)
£
• Northern Ireland and Eire
£
• USA/Canada
£
• Elsewhere
£
• Total
£
(b) Please provide a percentage breakdown of your total gross income/fees from these activities for your last
complete financial year
%
(c) Please provide full details in respect of your other activities
8. What are your total gross income/fees for your last complete financial year emanating from all activities (as
stated above) in each of the following geographical areas?
• UK (Excluding Northern Ireland)
£
• Northern Ireland and Eire
£
• USA/Canada
• Elsewhere
£
£
£
• Total
9. Can you confirm that
(a) you do not anticipate any major changes in your activities in the forthcoming twelve months ?
(b) there have not been any fundamental changes in your activities over the last five years ?
(c) you do not anticipate any major changes in the proportion of total income emanating from the
three geographical areas ?
(d) your total fee income from each of your last three financial years and your estimated fee income
from your current financial year does not vary from one successive year to another by more than
± 25% ?
YES
NO
If NO please provide full details
10. Please indicate which jurisdiction is required (✔ )
• UK (Excluding Northern Ireland)
• Northern Ireland and Eire
• EU
• Worldwide excluding USA and Canada
• Worldwide
• Other (please specify)
COVER REQUIRED
11. Our standard MEDIA LIABILITY covers the following
(a) in respect of your publications, transmissions or broadcasts (including via satellite or cable) or your
Internet transmissions:
Libel, malicious falsehood (including slander of title and slander of goods), false attribution of authorship,
passing off, negligent statement, unintentional infringement of copyright, trademark, service mark, moral
rights, patent rights, registered design or any other intellectual property rights, unintentional breach of
confidentiality, liability of a similar nature to the above arising under a law other than English law, including
plagiarism, product disparagement and the infringement of rights of privacy or publicity
(b)
and in addition:
Slander, negligent act, error or omission at any book fair, seminar, exhibition or similar event,
unintentional failure to broadcast or publish any material which you have contracted to broadcast or
publish
(c) Loss of Documents (£10,000 limit)
Are there any of the above risks for which you do not require cover?
YES
NO
If YES please provide details
ADDITIONAL COVERS
12. Is cover required for any of the following?
(a) Contractual Liability (extension of required Insurance Clauses to cover liabilities assumed under
contract – e.g. with printers, distributors etc.)
YES
NO
If YES please provide full name, address and business of those other parties
(b) Indemnity to Joint Assured (i.e. do you require the cover to indemnify any other party – e.g. authors)
YES
NO
If YES please provide full name, address and business of those other parties
(c) Withdrawal Expenses (i.e. costs and expenses incurred as a consequence of the destruction or withdrawal
of or amendment or alteration to any publication arising from an insured claim - not available to newspaper
publishers, printers or distributors)
YES
NO
PART B - PROFESSIONAL INDEMNITY SECTION (Choice)
13. Professional Indemnity for specified Professional Services (i.e. to cover your legal liability resulting from
breaches of professional duty etc in respect of ancillary services provided by you or on your behalf; e.g. research,
design, database management etc)
Please complete (✔ ) if cover required
YES
NO
If YES please answer the following questions
(a) Provide full details of the specific activities for which Professional Indemnity insurance is required
(b) State annual amount of income generated (if any) from professional services emanating from each
geographical area below
• UK
• USA
• Elsewhere
• Total
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PART C - GENERAL SECTION (Mandatory)
14. Please state whether the following classes of insurance have been carried during the past three years, together
with the appropriate details
(a) Multi-Media or Libel and Slander
YES
NO
If YES, please provide details of Insurer, Period, Indemnity Limit and Retroactive Date of your current policy
(b) Professional Indemnity
YES
NO
If YES, please provide details of Insurer, Period, Indemnity Limit and Retroactive Date of your current policy
15. Can you confirm that
(a) no person proposing for insurance has been convicted, or charged but not yet tried, of any criminal
offence other than a motoring offence?
(b) the Proposer has never had an application for this type of insurance declined by an insurer, had a renewal of
such insurance declined, nor had similar insurance cancelled or made subject to special conditions?
(c) no claims, prosecutions, proceedings or investigations (successful or otherwise) have been made or instigated
against the Proposer and/or any person proposing for insurance to which this proposal relates?
(d) no person proposing for insurance is aware, AFTER ENQUIRY, of any circumstance or incident which they have
reason to suppose might afford grounds for any future claim such as would fall within the scope of the
proposed insurance?
YES
NO
If NO, please provide full details
24
16. What indemnity limits are required?
Media Liability
Professional Indemnity
£
£
25
DECLARATION
I hereby declare that I am authorised to complete this proposal on behalf of the Proposer and that, to the best of
my knowledge and belief, the statements and particulars in this proposal are true and complete and no material
facts have been mis-stated or suppressed.
I undertake to inform Underwriters of any material alteration or addition to these statements or particulars which
occurs before any contract of insurance based on this proposal is effected and acknowledge that this proposal
(together with any other information supplied to Underwriters) shall be the basis of such contract.
*Signed:
Name:
*Capacity:
Date:
*the signatory should be a director or senior officer of, or partner in, the Proposer.
N.B. If you have answered question 3 (c) (ii) please supply a copy of the contract(s) used
If YES to question 4 (c) (vi) provide a copy of standard contract used
EASY PAYMENT PLAN
Markel (UK) Limited has negotiated a highly competitive 10 month premium finance plan with a premium finance
company, for the exclusive use of its Assureds.
To take advantage of these facilities please tick the box below enabling the finance company to dispatch a preprepared agreement directly to you for completion and return. Your certificate of Insurance shall be endorsed
accordingly.
The level of charge, applied to total premium (including IPT where appropriate), will be confirmed on the
agreement. Contact your broker or ourselves for a note of current charge.
I WISH TO TAKE ADVANTAGE OF THE 10 MONTH EASY PAYMENT PLAN (TICK AS APPROPRIATE)
NOTICE TO THE PROPOSER
THE UNDERWRITERS
Markel (UK) Limited underwrites business on behalf of Markel Syndicate 3000 at Lloyd’s and Markel International
Insurance Company Limited.
Prior to any placement being concluded, the Proposer will be advised which insurer is to write this contract of insurance.
THE LAW OF THE INSURANCE CONTRACT
The parties to this proposed insurance are free to choose the law applicable to the insurance contract. Unless you
specifically agree otherwise with Underwriters, your proposed contract will be governed by English Law.
26
Markel (UK) Limited
Verity House, 6 Canal Wharf, Leeds LS11 5AS Tel: +44 (0)845 351 2600 Fax: +44 (0)845 351 2601
www.markelinternational.com/uk
Offices at Birmingham, Bristol, Leeds, London and Reigate
Registered office: 20 Fenchurch Street, London, EC3M 3AZ Registered in England number 2430992
Markel (UK) Limited is an Appointed Representative of Markel International Insurance Company Limited who are authorised by the Prudential
Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.
PROP/EMM/07/15