Insurance

You Have Questions? CMLP Has (Tools to Help You Find) Answers.

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"How do I get media liability insurance?"  It's a question we hear a lot here at CMLP. 

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New Insurance Program for Bloggers Offered by the Media Bloggers Association

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Here is a simple, but often ignored, truth: if you publish online, whether it's a news article, blog post, podcast, video, or even a user comment, you open yourself up to potential legal liability.  It doesn't matter whether you are a professional journalist, hockey-mom, or an obscure blogger, if you post it, you'll need to be prepared for the legal consequences. 

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Highlights from the Legal Guide: Are Your Online Activities Covered by Insurance?

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This is the fourth in a series of posts calling attention to some of the topics covered in the Citizen Media Legal Guide we published in January. As we roll out new sections of the guide each month, we will highlight some of the more important topics in blog posts.

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Business Pursuits Exclusion in Texas

Texas law defines a "business pursuit" as incorporating two elements: "(1) continuity or regularity of the activity, and (2) a profit motive, usually as a means of livelihood, gainful employment, earning a living, procuring subsistence or financial gain, a commercial transaction or engagement." Allstate Ins. Co. v. Hallman, 159 S.W.3d 640, 644 (Tex. 2005). CMLP has identified no Texas cases interpreting this test in the context of online publishing out of the home (or elsewhere).

Business Pursuits Exclusion in Ohio

Ohio law defines a business pursuit as work "engaged in regularly" which "produce[s] an income." Watkins v. Brown, 646 N.E.2d 485, 488 (Ohio App. 1994). CMLP has identified no Ohio cases interpreting this test in the context of online publishing out of the home (or elsewhere). As a general matter, however, Ohio courts have deemed activities to be business pursuits even when profit was not the primary motive and the amount of money earned was small.

Business Pursuits Exclusion in North Carolina

North Carolina law defines the word "business" in "business pursuit" as "an individual's paramount means of earning a livelihood." North Carolina Farm Bureau Mut. Ins. Co. v Briley, 491 S.E.2d 656, 659 (N.C. App. 1997). CMLP has identified no New York cases interpreting this test in the context of online publishing out of the home (or elsewhere). As a general matter, however, North Carolina courts have declined to include part-time work under the exclusion, at least where the insured also had a separate full-time job.

Business Pursuits Exclusion in New York

New York law defines a "business pursuit" as an activity regularly engaged in with a view toward earning a livelihood or making a profit. In other words, to constitute a business pursuit, there must be two elements: "first, continuity, and secondly, the profit motive." Showler v. Am. Mfrs. Mut. Ins. Co., 261 A.D.2d 896, 897 (N.Y App. Div. 1999). CMLP has identified no New York cases interpreting this test in the context of online publishing out of the home (or elsewhere).

Business Pursuits Exclusion in Massachusetts

Massachusetts law defines "business pursuits" as incorporating "two significant elements: profit motive and continuity." Nationwide Mut. Ins. Co. v. Bent, 1999 WL 1203774 (Mass. Super. Nov. 9, 1999). CMLP has identified no Massachusetts cases interpreting this test in the context of online publishing out of the home (or elsewhere). One Massachusetts court has indicated in reasoning not essential to its judgment that the category of business pursuits embraces “[a]ny full or part time activity of any kind engaged in for economic gain." Metro. Prop. & Cas. Ins.

Business Pursuits Exclusion in Georgia

Georgia law defines a "business pursuit" as "a usual commercial or mercantile activity customarily engaged in as a means of livelihood and typically involving some independence of judgment and power of decision." Brown v. Peninsular Fire Ins. Co. 320 S.E.2d 208, 209 (Ga. App. 1984). CMLP has identified no Georgia cases interpreting this test in the context of online publishing out of the home (or elsewhere).

Business Pursuits Exclusion in Florida

Florida law defines a business pursuit as "a continuous and comprehensive activity for financial gain." State Farm Fire & Cas. Co. v. Friend, 478 So.2d 1198, 1200 (Fla. App. 1985). CMLP has identified no Florida cases interpreting this test in the context of online publishing out of the home (or elsewhere). The Friend case (above) suggests that a short-term, part-time activity carried out for money may not be considered a business pursuit when the primary motive of the activity is not financial gain (in that case, the insured person was helping out a friend).

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