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Advertising agencies perform in a fast-paced and competitive environment where clients seek to push the creative envelope further with each campaign. From the incubation of an idea to the placement of the advertisement, the risks – and the pressure to perform – are significant. Few media companies face greater exposure to expensive and time consuming litigation than advertising agencies; the agency's credibility with the client always hanging in the balance. The Advertising Agency Liability Policy provides advertising agencies with the coverage they need to maintain their competitive edge while protecting their assets and preserving business relationships.

The ››Advertising Agency Liability Policy was designed by First Amendment and intellectual property attorneys with more than 125 years of combined experience in advertising agency liability. New technology and emerging media exposures arising from progressive professional services and innovative advertising have mandated a departure from the traditional media liability policy. Check to see that your policy:

  • Provides coverage for personal and advertising injury perils, including but not limited to, defamation, trade libel, right of publicity, outrageous conduct, infliction of emotional distress, unfair competition and copyright and trademark infringement;
  • Provides coverage for negligent supervision of an employee when arising from named perils;
  • Provides coverage for punitive or exemplary damages where allowable by law and as determined by the insured;
  • Provides coverage on an occurrence basis thereby covering advertisements created and/or displayed during the policy term regardless of when the claim is made;
  • Does not require an “utterance or dissemination” of an advertisement for coverage to attach as claims often arise from the creation of advertising;
  • Provides broad definition of “advertising;”
  • Coverage available for defense costs in addition to the policy limit;
  • Does not exclude comparative advertising;
  • Limits up to $10,000,000 available;
  • Provides broad definition of “Insured,” including temporary or leased personnel;
  • Provides coverage for the Insured's Internet advertising content;
  • Provides coverage for covered claims that arise anywhere in the world;
  • Provides severability as to representations set forth in the application;
  • Provides coverage for advertising professional services;
  • Does not exclude treble damages relating to covered intellectual property perils, such as trademark infringement and related unfair competition;
  • Coverage broadening endorsements include:
    • Broad Form Errors and Omissions providing coverage for bodily injury and property damage arising from advertising content;
    • Commercial Printing providing coverage for the third-party printing operations of the insured.

››Download Advertising Agency Liability Insurance applications and policies

Please refer to the actual policy for exact coverage descriptions; exclusions and deductibles may apply. Coverages are subject to policy terms and conditions and may not be available in all states.

 

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