Resources for freelancers
Focus on freelancing: Liability insurance
Insight into what editors wish writers knew, from a freelancers' session at Health Journalism 2011
Sample monthly magazine editorial process: One editor distributed this sample timeline of the editorial process
What editors wish writers knew: Linda Dahlstrom, of MSNBC.com and Today.com, shares tips on how to approach editors and get assignments.
Best practices in blogging and social media: Most freelancers have heard by now that they need to be "building their brand" through blogging and social media. In this panel, several experts shared their tips on doing just that.
Directory of Independent Journalists: We will post your bio, specialties, resume, some clips and a link to your website. Read about how to get listed.
Freelancer generates story ideas from fellowship
Tip Sheet: How to turn your story into a book
Freelancing: Minimizing isolation, maximizing networking
By Andy Miller
Andy Miller
Many freelance writers are troubled by their exposure to possible legal problems – and the resulting financial impact.
Some publishers and media outlets don't provide liability coverage for freelancers' articles, and freelancers may blog or publish their own material. (Here is an AHCJ article from 2008 that gives tips on how to deal with publishers that don't give freelancers any liability coverage.)
Separate media liability coverage is available for writers, with policies covering libel, trademark/copyright infringement, defamation, invasion of privacy, and errors and omissions.
But most writers don't buy it. That's largely because coverage can be expensive, ranging from $500 a year to more than $1,500.
For freelancers writing about potentially contentious subjects, liability insurance may be something to consider.
If you're exploring your insurance options, here are some things to consider:
Tips for your search
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Pricing varies widely so it's a good idea to get quotes from two or three companies just as you would if purchasing another type of insurance. The most efficient way to do that is through a broker, though some companies may give you a quote without one.
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Policies come with a range of deductibles, and in some cases, you can chose a higher amount in order to lower your annual premium. The deductible is what you have to pay out of pocket before the policy coverage kicks in. It's often called a ‘'self-insured retention,'' and it can differ from a health insurance deductible in that after it's paid, it doesn't subtract from the overall amount you're covered for in the policy. So if you have a $250,000 policy, and the retention is $2,500, you still have $250,000 of coverage after paying the retention. If it's a deductible, you're left with $247,500 in coverage after you pay the $2,500 deductible.
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Check to see whether there is a ‘'hammer clause'' in a policy. That means the insurer, not you, gets to decide when to settle a claim. Try to avoid these clauses. The insurer may have a financial interest in settling a claim early, but you may want to fight the claim all the way to the end. A hammer clause would prevent you from doing that.
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Check whether the policy covers punitive damages. Many will not include this coverage, and those that do may be limited to what the state allows.
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Determine who has the authority to choose the attorney to represent you – the insurer or yourself. Often, it's the insurance company.
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Find out whether the ‘'coverage period'' in a policy pertains to a claim filed during the period, or to an incident/article that occurs during that period.
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Policies may differentiate between freelance articles, blogging and book writing. Work with the broker to figure out which coverage is best for the work you do, and make sure when filling out an application you check what's appropriate for your situation.
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Your homeowner insurance policy generally will not cover you for liability on your work product, but it doesn't hurt to ask your broker if that's the case.
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Check whether the policy covers claims brought in other countries. Your work may involve foreign issues or foreign citizens, so you may want to ensure your policy covers any lawsuits filed overseas.
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Read the policy carefully. If you have questions about any of the terms, seek professional advice.
Where to go for coverage
The Association of Health Care Journalists does not offer access to liability insurance nor does it endorse any insurer or liability insurance product. But there are a few journalism organizations that do offer the opportunity for liability coverage if you become a member, including the Authors Guild and the National Federation of Press Women.
You can also apply for coverage on your own.
Axis Pro claims to be the biggest insurer in this market.
Chubb is another leading insurer, which you can check out through The Insurance Group and Marissa Spencer (mspencer@theinsurancegrp.com), an insurance broker that has worked with AHCJ before and has a Chubb policy available for consideration.
Other companies in the field include ThinkRisk, OneBeacon and The Hartford. Here is a listing compiled by the Online Journalism Review, based at the USC Annenberg School of Journalism, that contains many of the leading insurance companies in media liability and their websites.
Andy Miller is editor of Georgia Health News and an independent journalist. He has been a health care journalist since 1992. He was The Atlanta Journal-Constitution's main health care reporter from that time until May 2009, when he retired from the newspaper.
