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

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

RADIO BROADCASTER - LIBEL

A Midwestern radio station was sued for libel over remarks made by a radio announcer, about an unusual hunting accident suffered by the plaintiff that was embarrassing to him. The alleged inference of the announcer's remarks was that the plaintiff was so stupid and careless while hunting that he had shot himself in the rear end. The radio station prevailed on summary judgment, but the plaintiff appealed. The case was eventually settled by payment of an average amount to plaintiff. Legal fees were slightly higher, thereby more than doubling the loss.

A Southeastern radio station was sued when the plaintiff claimed he was libeled by a radio talk show host who stated he had AIDS and was psychopathic. The case was eventually settled for an above average amount after a long, contentious litigation. Legal fees incurred to defend the insured were considerable.

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RADIO BROADCASTER - INTRUSION

A West Coast radio station was sued for invasion of privacy because of its transmission of a live broadcast that included a telephone call from a listener who did not identify himself and who made inflammatory comments before abruptly hanging up. The announcer characterized the call as a "bogus call" and broadcast the caller's phone number (obtained from caller ID), encouraging his audience to call the number frequently so as to annoy the "bogus" caller. The case was settled after mediation for a moderate sum. Legal fees to defend were above average.

A Midwestern radio station was sued due to its broadcast of a telephone conversation that was taped by its radio announcers without the knowledge of the plaintiff and which was then broadcast at a subsequent time without the plaintiff's permission. The case was eventually settled. Defense costs equaled the amount of the payment to the plaintiff.

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RADIO BROADCASTER - PUBLIC DISCLOSURE OF PRIVATE FACTS

A Far West radio station was sued due to comments that its radio announcer made about the plaintiff's appearance and medical history. The plaintiff sued for invasion of privacy, libel, and other causes of action. The case was eventually settled in mediation for a moderate amount, but not before legal expenses of approximately twice the settlement amount were incurred.

A radio station in the Mountain States was sued for its newscast that indicated that the plaintiff, a police officer, apparently had a bad reputation as a police officer. The plaintiff had been involved in the shooting of a suspect. The report indicated that he had a poor record within the police department and was in the process of being fired. The report was based on internal records of the police department, which were not public records. After a long history in the courts, the case was eventually settled by a payment to the plaintiff of a fairly moderate amount. Defense costs were substantial.

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RADIO BROADCASTER - FALSE LIGHT

An East Coast radio station was sued for comments about the plaintiff's business practices that she allegedly cast her in a false light before the public. After extensive discovery and settlement discussions, the case was settled and dismissed. Legal fees to defend the case were of an average amount.

A radio station in the Midwest was sued due to comments made by a telephone caller who identified the claimant in a story that was broadcast over the air. The telephone caller was a former employee of the plaintiff. The subject of the radio program was "The Worst Boss You've Ever Had". The caller indicated that the claimant had a habit of staying out late on Friday nights, and coming in late on Saturday mornings and making mistakes on orders, but then blaming others for the mistakes. The radio announcer then commented that the boss sounded like a "nerd". The case was settled, just before trial.

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RADIO BROADCASTER - COPYRIGHT INFRINGEMENT

A radio station in the Southwest was sued for copyright infringement on the basis that music it had prepared as background music for an advertisement promoting a special event at a local hotel was an existing composition, the rights to which were owned by the plaintiff. The plaintiff sued the radio station and the advertiser/hotel. The case was eventually settled for an average loss payment.

A radio station in the Midwest was sued for copyright infringement for a commercial that was created by its announcer. The commercial used the copyrighted music of the plaintiff without permission. The case was eventually settled. The total loss including legal fees was of a moderate amount.

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RADIO BROADCASTER - TRADEMARK INFRINGEMENT

A Southern radio station was sued by a competitor, who claimed that the defendant had infringed upon its trade name and trademark by copying its slogan. The case was eventually settled at no cost, when the defendant changed its advertising, but not before legal fees had become significant.

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RADIO BROADCASTER - NEWS GATHERING

A radio station's reporter went into a house, at the invitation of a neighbor, to see squalid conditions in which neglected children were living. The parents who occupied the house sued for trespass. Damages were small, but defense expenses were considerable.

A radio station in the Southeast was sued for slander on the basis of its newsgathering activities concerning a drug bust, after it received an anonymous tip. During the investigation, the reporter indicated to two individuals that a number of businessmen had been arrested in a federal drug bust and that one of the individuals owned a department store. This was incorrect and the story was not broadcast. The court refused to find that the plaintiff was a public figure. The case was eventually settled for a large amount.

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RADIO BROADCASTER - ERRORS AND OMISSIONS

A radio station in the Southwest was sued on the basis that the plaintiff claimed he had won a radio contest, but did not receive the prize from the station as promised. The plaintiff sued for negligent misinterpretation in what was aired about the contest. The case was eventually dismissed, but not before legal fees had reached a significant amount.

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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.