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Coverage for Communications Costs
Seasoned lawyers and communications professionals know that strategic public communications can play a key role in helping to minimize potential liability. In complex litigation, public perceptions of the parties and the facts can have a significant effect on the ultimate size of the defendant's liability. For example, an early and compelling public recitation of facts favorable to the defense may dissuade some potential plaintiffs from joining the litigation. Similarly, in cases in which a government agency must approve a proposed settlement, public support for the settlement can help resolve the case. These examples of a multifaceted defense effort represent just a few of the circumstances in which public communications can serve as an important adjunct to the legal case being litigated in court.
When faced with potential liability, policyholders look to their insurance coverage to cover the costs of their defense, which might include public relations or crisis communications costs. Despite the usefulness of public relations in managing a potential liability and the absence of policy language specifically excluding such costs, insurers often take the position that communications costs are not included within the scope of defense costs covered under a standard-form general liability policy. Insureds facing such a denial may choose to push back, relying on analogous case law to argue that such costs should be covered. Insurers also have seen the market opportunity created for them by strategic communications and are increasingly offering “crisis management” coverage for companies concerned about mitigating interrelated public relations crises and liability risks under certain types of coverage, such as management liability, product contamination and cyber liability policies.
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