Senior associate Sarah Cronin
authored the American Bar Association Media, Privacy and Defamation Law Committee Newsletter
article “Effective Strategies for Insuring Reality Television Shows Against Participant Claims.” The article discusses the evolution of insurance coverage for reality shows, the costs, and specifically what can be covered. Media liability policies are typically written to protect entities against third-party liability resulting from claims for defamation, invasion of privacy, infringement of the right of publicity, as well as bodily injury and negligent or intentional infliction of emotional distress. In order to be insured against these claims, reality shows must acquire signed releases from participants before filming as most insurers will require reality shows to have a plan in place for obtaining releases. The author outlines important strategies and considerations for studios.