Claims Zone: The pen is mighty
Author Tom Bower needed Hiscox's specialist support against a billionaire media baron. Simoney Girard reports
Tom Bower is no stranger to controversy. A 2001 Independent profile of the investigative journalist and author stated: “It is said that the late Robert Maxwell hired a private eye to follow him. The publication of each new book by Bower causes an almighty row.”
When his latest book, Conrad and Lady Black: Dancing on the Edge, attracted the attention of media tycoon Richard Desmond – owner of the Daily Express and the Daily Star – it resulted in a high-profile libel case, with Desmond claiming that comments made about him were defamatory.
Libel cases are not uncommon, and Hiscox’s specialist Media and Technology team has dealt with many. This one involved huge sums of money, requiring an expert touch and a comprehensive insurance product.
The Hiscox TMT Multimedia Product for Publishers and Broadcasters provided Bower’s publisher, HarperCollins, with comprehensive cover for its media exposures. It includes full civil liability protection for cases of libel, slander, invasion of privacy, confidentiality and malicious falsehood, among its benefits.
Suzanne Kemble, Partner and Head of Hiscox Media and Entertainment, says: “It’s the handling of these complex media claims by our team of TMT in-house claims lawyers that sets us apart from other insurers.”
Knowledge and expertise
HarperCollins needed assurance from Hiscox that it, and its client, would be backed 100% by the insurer. Usually, libel claims are settled out of court, but HarperCollins was keen to take the matter to court, in defence of free speech and with the burden of proof from Bower’s extensive research.
Ian Birdsey, UK and International TMT Claims Manager for Hiscox, explains why it was important to back the publisher: “HarperCollins knew the trial would be expensive. Hiscox understands the various risks that arise for publishers, and how to underwrite them properly. This means we were confident in backing HarperCollins, and supported them by funding the defence case.
“Other insurers would look to settle claims pre-trial, as the risk of losing the case may be too great. Backing HarperCollins shows our knowledge and expertise in the media industry and differentiates Hiscox from other insurers.”
In July, the High Court found in favour of Bower and HarperCollins, and Desmond was left with an estimated legal bill of £1.25 million. Bower said: “In the tough battle with Richard Desmond, Hiscox was not only astonishingly supportive, but also clear-sighted and principled. Hiscox is a writer’s dream.”
