Bloggers Need Errors and Omissions Insurance

May 16, 2008 · Comments

A friend (wasn’t sure if I can name you?) sent me something fascinating. Here’s the story:

It appears that a whole new issue is coming up for bloggers and online content/freelance writers. A few contacts and I have been getting requests for freelance writing and writing for pay on company blogs, but we require errors/omissions insurance. I (as well as two others) have been turned down by the underwriters because they went back and read our blogs and say the content is “error prone and not subject to verification”. HUA??? It’s a BLOG. Anyhow, we are all really stuck right now because while we’ve got business insurance, we can’t obtain E/O underwriting. Maybe your readers can help out? How can we approach these antiquated firms and get insurance? Personally I don’t even think they should read our blogs and make a judgement. My husband has O/E insurance for software coding he does, and the insurance company has never once asked to look at his code. I’m finding that turning blogging/social media outreach into somewhat of a business, we can’t be taken seriously. One door opens, another closes.

Depends on the Blog, Obviously

My comments don’t reflect the person who asked this question. Take that off theif y table. I’m talking about the space in general.

If you’re looking to blog professionally, your reference blog should also be professional. For instance, if you’re bringing all the fun of BLARMCast, which is obviously a tongue-in-cheek (and oft-times fun) podcast/blog by a relative of mine, would you recommend that our resident @Wankergirl (her name on Twitter) use that site to show what would make her the best person to produce the CBC’s next great show?

Yes and no.

If you’re looking to recreate what you do on a professional site, then you want them to get the full breadth of what you do.

If you need to show a professional face, you have to model that in the reference product.

But Errors and Omissions Insurance?

Wow, if I had to be factually accurate all of the time, I’d quit blogging. It’s not that I’m not into research and factual accuracy. I just don’t know if that’s the space my blog plays in the world. My blog, at least, is about opinion, mostly. It’s about my advice and my ideas and a lot of “my.”

And finally, how can you advise my friend here, who has a real problem that needs solving? How does she get this insurance? What’s next?

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  • Great topic, Chris--one that doesn't get enough attention.

    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.
  • "Take that off theif y table"
    Was this line a joke or a case in point?
  • I think that having disclaimers on your site as well as your emails might show the insurance people that you've protected yourself in the past. Also maybe sending some writing examples with citations, etc to show how well subjects are researched and accredited.

    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.
  • I carry Errors and Omissions insurance for my blog and podcast as part of the Student Loan Network's blanket insurance policy. If I quote an interest rate incorrectly, and someone makes a financial decision based on that, you bet I'm liable.
  • This is also true in the online video space. If you want to have your video featured on the front page of MySpace you are going to need to pony up some E&O.
  • I've been on the other end of this in the past, when I've been the person in an organization setting up contracts with individuals.

    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.
  • I have a product for Bloggers and Podcasters insurance available. Recently was on TWIL if you want more info http://twit.tv/twil14
  • Well, I am neither a lawyer nor an insurance agent, but I am perplexed at why a writer would need errors & omissions insurance. If they are writing about a company's products, the information provided to them comes from the company. If The company is responsible for the accuracy of their information. And the safety of their products for that matter. It's different when you are talking about software product development when there is an assumption of fitness for purpose and the purchaser may be relying on the functionality. But words? Seems excessive to me, unless as in the case above, there is a strong possibility that people will make decisions based *soley* on that information.

    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.
  • Wow, this is shocking and a clear sign of how the insurance and litigation society we have is gripping on us. The idea of having insurance to cover what you say on your blog is insane. I wonder if in 20 years if sadly this will be commonplace and another near-ubiquitous insurance that we are forced and scared into purchasing just to cover "what if" situations.

    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.
  • Selina
    Interesting.
    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.
  • Selina
    Thank You Mr. Brogan!
  • To Selina's point, absolutely we have a responsibility to fact check if we want our blogs to be taken seriously as a source of information versus simply opinion.

    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.
  • When I posted this, I had no idea that it would stir up so many good points from all of you. Turns out there's more to this than even I imagined.
  • Just as an experiment, I did a little research on this topic. I went to NetQuote and figured I'd find out what such insurance would cost at this point in time for my blogging and podcasting business. I will now have the joy of being contacted by several insurance agents, and I'll let you know the results, but it seems to me getting some competitive quotes and getting referrals here on Chris's blog for possible solutions is a good first start.

    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.
  • Chris you are correct that this is a problem - great comments all around, but many are missing the reality. D.Fisher is right when he brings up our litigious society. That is the basis for the problem. I'm sure Whitney would be the first to tell us that we don't have to be wrong to be sued. If someone thinks we have harmed them - say slandered them, their company or their product, they can sue. The insurance company steps up to pay those bills - even if there is no liability found in the end. The general premise of insurance is that for every exposure (chance of a loss) there is a commensurate premium. Actuarilly, an insurance company is trying to figure out what the chance of loss is and what an appropriate premium should be. So let's take the case of a blogger. Selina related her experience with insuring print publishing. Pretty easy to determine the exposure there when you think about it. A huge history of work to examine, a standard of care for reporters, and most importantly, a fairly small distribution. Almost without exception, blogging produces the absolute opposite; the potential "distribution" is infinite (and impossible to recall), minimal history, and a standard of care is still in development. One final statement as it relates to J.Goralnick's comment. I'm that agent he told you about who writes his insurance, BUT he misunderstood me when he said I told him he didn't NEED the E&O insurance for the new business. What I meant for him to understand is that protecting any business is not just about buying a policy. It is about measuring the risk, determining the cost of solutions (of which insurance is one) and then deciding how to proceed. My position for Jared was that at this point in the life cycle of the company, the funds used for premium might better be used for other areas (product development and marketing for example). Hmmm could Jared sue me for this blog-comment if he thought I had slandered his good name? You bet-cha!
  • Thank for the post & all the comments. I'll out myself since it was me that sent Chris the request - I knew I'd get help!

    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
  • Just a frightening concept. It's only amatter of time before the lawyers sink their teeth into this!
  • Jim
    Great post. I was wondering about this same issue recently. I posted a very small article that I saw on another site and I made sure to leave it exactly as I found it with all the trackbacks and credit intact. In less than 24 hours I received a very strong notice warning me about plagarism and copywrite law. I was shocked since there was no intent on my part to violate either. My 3 month enjoyable journey into blogging came to a crashing halt. I will be very careful from now on and if there is some insurance available I would be interested in looking into it.
  • I'll carry E&O insurance if companies, police and the government start recognizing bloggers as real news and information entities and allow for easier offering of press passes to digital photographers and bloggers.

    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.
  • I stumbled upon this thread a while ago and have been meaning to come back and comment. The problem here is that defamation lawsuits arising out of blogging/social media are popping up worldwide, and the business world is taking a step back to examine their potential risk for it. Yes, it does seem like the legal and insurance industries always seem to be stinking up the party room, but if you consider the nature of many blogs online, it shouldn't come as any surprise.

    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.
  • Tiffany
    I'm a technical writer in the software industry and a new client wants E&O insurance. Unfortunately, the insurance companies keep lumping me in with the software developers for insurance coverage, and that insurance is both expensive and not even appropriate - it does not mention documentation creation, which is all I will be doing - I will not be writing code. And, I will not even be responsible for ultimately verifying the correctness of what I write. Does anyone know of an insurance company that has E&O policies for technical writers? Basically, we are freelance ghost writers for technical companies. I would appreciate any suggestions anyone can provide!
  • Tiffany - What you need is media liability, which technically is errors & omissions insurance, but is slanted toward non-technology exposures. The carriers that offer this coverage are the same ones that offer technology errors & omissions insurance - Chubb, Hartford, First Media, Travelers, AIG, ACE, and Philadelphia. Your exposure is no different than any other writing professional, such as a novelist, copywriter, or journalist, all of which are insured under media liability policies. Additionally, you mentioned that the client is responsible for fact checking, which helps you. Also, you should review your contract to make sure that you are not assuming any onerous liability.

    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
  • It is important to write a column fixing factual errors from previous releases. The public deserves to read the most reliable account of a story.
  • I found this website - try this if you are looking for insurance. Title of the article is Bloggers Get Liability Insurance and was dated October 20, 2008.
    Premiums are underwritten by Axis Insurance and start at about $500 and increase depending on risk factors. There are deductibles.
  • Errors and omissions insurance has become a key issue for anyone providing any type of content, from bloggers, to content editors, and web developers. It seems a good combination for any information oriented techy is a good general liability policy and E&O underwriting.
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