1. Forms
2. MP
3. MP-04-06

What the form is

The MP 04 06 Coverage Extension–Publication Services is an endorsement designed to modify ISO Management Protection Policy Coverage Forms. Specifically, it alters the policy's exclusions related to publication activities. The endorsement aims to broaden coverage, particularly concerning liabilities that can arise from an insured's internet presence and electronic means of communication, by rewriting exclusion N (as referenced in one analysis). It extends coverage to claims related to "publication or pronouncement" by the insured.

Classes of business it applies to

This endorsement is often used with the MP 00 06 Not-For-Profit Management Liability Coverage Form, making it particularly relevant for not-for-profit organizations. However, the exposure to liability from publication services can affect a wide range of businesses that disseminate information, including:

• Charitable organizations publishing newsletters or annual reports.
• Associations maintaining websites and member forums.
• Community groups utilizing social media for outreach and announcements.
• Any organization, including for-profit entities if the base policy allows for such an endorsement, that engages in digital or print publishing, advertising, or public statements.

Real-world example: A non-profit environmental advocacy group regularly publishes research findings on its website, sends out email newsletters to subscribers, and actively posts on social media platforms. This endorsement would be crucial to address potential liabilities like libel, slander, invasion of privacy, or copyright infringement arising from these publication activities.

Special considerations

• Scope of "Publication or Pronouncement": The endorsement uses the terms "publication or pronouncement" without necessarily limiting them to electronic means, according to some analyses. This wording should be carefully reviewed to understand the breadth of activities covered.
• Interaction with Base Policy Exclusions: It's essential to understand which specific exclusions in the base Management Protection policy are being modified by this endorsement to grasp the full impact on coverage.
• Electronic Communications: While the intent, according to ISO, is to broaden coverage for electronic communications, the actual language of the endorsement is key. It's designed to update policies that might otherwise have outdated exclusions regarding internet-related exposures.

Real-world example: If a not-for-profit's base policy has a broad exclusion for all internet-related activities, the MP 04 06 could be vital in buying back coverage for claims arising from their website content or email communications.

Key information for agents and underwriters

• Risk Assessment: Underwriters should carefully assess the nature and frequency of an insured's publication activities, including their online presence (websites, social media, blogs, forums) and traditional publications (brochures, newsletters). The potential for claims related to defamation, intellectual property infringement, or invasion of privacy increases with the volume and reach of such communications.
• Coverage Gaps: Agents should identify clients with significant publication exposures who may have coverage gaps under a standard Management Protection policy. This endorsement can be a solution to address those gaps.
• Clarity of Coverage: While intended to broaden coverage, agents and underwriters should ensure there is a clear understanding of how this endorsement interacts with other policy terms and conditions, particularly any remaining exclusions related to media and intellectual property.
• Pricing: The increased exposure covered by this endorsement may warrant additional premium, reflecting the specific risks associated with the insured's publication services.