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Meridian Commons · Professional Indemnity · Marketing, Media and Communications

Marketing, Media and Communications Professional Indemnity Insurance — Endorsement

The Marketing, Media and Communications Professional Indemnity Insurance terms, in the form of an endorsement to the base Professional Indemnity Insurance wording.

Application

This endorsement attaches to and forms part of the Meridian Professional Indemnity Insurance wording, version 1.5.0-DRAFT (document reference 2026/PI/0001), referred to here as the base wording. It changes the base wording only as set out below. All other terms, conditions, exclusions and limits of the base wording continue to apply.

Words defined in the base wording have the same meaning in this endorsement. Where this endorsement and the base wording conflict, this endorsement applies to the extent of the conflict.

The same terms are published as a single integrated wording, Marketing, Media and Communications Professional Indemnity Insurance, version 1.1.0-DRAFT. Both documents are generated from the same source and have the same effect.

Replaced: Professional services

The definition of Professional services in the base wording is deleted and replaced with the following.

Professional services

The following services provided to a third party for a fee:

(a) marketing, advertising, branding and public relations;

(b) graphic, digital and web design;

(c) writing, editing and producing content in any medium, including audio, video, photography and social media content;

(d) publishing and broadcasting;

(e) market and social research;

(f) media planning and buying;

(g) designing and administering trade promotions and competitions;

(h) influencer and talent management; and

(i) any other service shown in the schedule as a professional service.

Added: Media Liability

The following extension is added to the base wording, after the Subcontractors and Outsourcers extension.

Media Liability

The cover under the Claims Against You clause includes a claim arising from material that you create, publish or broadcast in providing your professional services, for:

(a) defamation, whether or not the publication was intentional, unless a Final adjudication establishes that you published the material with malice;

(b) invasion of privacy, including a claim under the statutory tort for serious invasions of privacy in the Privacy Act 1988 (Cth), on the terms set out below;

(c) infringement of copyright, trade marks, registered designs or moral rights, passing off, or misuse of a name, image or likeness; and

(d) breach of confidence.

For a claim for invasion of privacy, we advance defence costs under the Defence Costs provision until a Final adjudication establishes that you intended the invasion or were reckless as to it. If it does, this extension does not cover that claim, and the defence costs advanced for it must be repaid as that clause provides.

This extension does not cover injurious falsehood or patent infringement, and does not otherwise affect the Deliberate and Dishonest Acts exclusion.

[WP REVIEW: confirm that malice is an element of injurious falsehood, so that cover for it is not given here, and whether an intentional or reckless invasion of privacy can be insured.]

Added: Withdrawal Costs

The following extension is added to the base wording, after the Media Liability extension.

Withdrawal Costs

If a claim is made about material that you created or published on or after the retroactive date, or you tell us about a circumstance relating to that material under the Notification of Circumstances clause, we will pay the reasonable costs, incurred with our consent, of withdrawing, correcting or taking down that material to reduce the loss.

The most we will pay under this extension in the policy period is the sub-limit shown in the schedule, or $50,000 if no sub-limit is shown, which is part of the limit of liability.

Added: Prizes and Over-Redemption

The following exclusion is added to the base wording, after the Contractual Liability exclusion.

Prizes and Over-Redemption

For the cost of prizes, discounts, rebates or redemptions provided under a trade promotion, competition or offer, including any cost above the amount expected, and any amount payable under prize indemnity insurance.

This exclusion does not apply to a claim that you negligently designed the promotion's terms, or negligently failed to obtain a permit that the law required, to the extent that the claim seeks compensation for loss that your negligence caused. We do not pay a fine or penalty (see the Non-Compensatory Payments exclusion), or the cost of prizes or other awards that you were required to provide or refund because a promotion was unlawful for want of a permit.

[WP REVIEW: confirm the insurability of loss arising from an unlawful lottery or trade promotion conducted without a required permit.]

Added: Event Cancellation

The following exclusion is added to the base wording, after the Prizes and Over-Redemption exclusion.

Event Cancellation

Arising from the cancellation, postponement, relocation or curtailment of an event, except to the extent that the claim is that your negligent advice or planning caused it.

Added: Patents

The following exclusion is added to the base wording, after the Event Cancellation exclusion.

Patents

Arising from the infringement of a patent.

Marketing, Media and Communications Endorsements

The following endorsements apply to this policy only when the schedule shows that they apply.

Live Broadcast Exclusion

We do not cover any claim, loss or liability arising from material broadcast or streamed live without a delay system that allows the material to be stopped before it reaches the audience.

Wording note — platform rule (not part of the policy)

Questions

  • Do you broadcast or stream material live? qs.pi.mm.live_broadcast
  • If so, do you use a delay system that allows live material to be stopped before it reaches the audience? qs.pi.mm.delay_system

Default rules (the first rule that matches applies; agencies may set their own actions and thresholds)

  • When qs.pi.mm.live_broadcast = yes and qs.pi.mm.delay_system = no: Refer to the underwriter, with the endorsement pre-selected

Reason shown on the quote and schedule: Applies because you broadcast or stream live without a delay system.

User Content Exclusion

We do not cover any claim, loss or liability arising from material posted by a person other than you, or your employees or contractors, on a website, platform or channel that you operate or moderate for yourself or a client.

Wording note — platform rule (not part of the policy)

Questions

  • Do you operate or moderate a website, platform or channel on which other people can post material? qs.pi.mm.ugc_platforms
  • If so, is posted material moderated, and is there a documented takedown process? qs.pi.mm.moderation

Default rules (the first rule that matches applies; agencies may set their own actions and thresholds)

  • When qs.pi.mm.ugc_platforms = yes and qs.pi.mm.moderation = no: Apply automatically

Reason shown on the quote and schedule: Applies because you host user content without moderation.

Investigative Content Sub-limit

For all claims arising from investigative journalism or investigative content, the most we will pay in total, including defence costs, is the sub-limit shown in the schedule for this endorsement. The sub-limit is part of, and not in addition to, the limit of liability.

Wording note — platform rule (not part of the policy)

Questions

  • What percentage of your output in the last 12 months was investigative journalism or investigative content? qs.pi.mm.investigative_pct

Default rules (the first rule that matches applies; agencies may set their own actions and thresholds)

  • When qs.pi.mm.investigative_pct > 0: Refer to the underwriter, with the endorsement pre-selected

Underwriter responses (on a referral or suggestion): Attach; Attach with amended sub-limit; Attach with special excess; Do not attach

Reason shown on the quote and schedule: Applies because you publish investigative content.

Printing Errors

We cover you for the cost of reprinting, or of compensating a client for, printed material that contains an error you introduced after the client signed off the final proof.

The most we will pay for all claims under this endorsement is the sub-limit shown in the schedule for this endorsement, which is part of the limit of liability.

Wording note — platform rule (not part of the policy)

Questions

  • Do you arrange printing for clients? qs.pi.mm.printing
  • Do clients sign off a final proof before printing? qs.pi.mm.proof_signoff

Default rules (the first rule that matches applies; agencies may set their own actions and thresholds)

  • When qs.pi.mm.printing = yes and qs.pi.mm.proof_signoff = yes: Offer as a priced option

Reason shown on the quote and schedule: Offered because you arrange printing with client-signed proofs.

AI-Generated Content Exclusion

We do not cover any claim, loss or liability for infringement of intellectual property rights arising from material generated wholly or mainly by an artificial intelligence system, unless a person reviewed the material, and checked it for infringement, before it was delivered or published.

Wording note — platform rule (not part of the policy)

Questions

  • What percentage of the content you deliver is generated wholly or mainly by artificial intelligence? qs.pi.mm.ai_content_pct

Default rules (the first rule that matches applies; agencies may set their own actions and thresholds)

  • When qs.pi.mm.ai_content_pct > 25: Suggest to the underwriter (quote not held)

Reason shown on the quote and schedule: Applies because {qs.pi.mm.ai_content_pct}% of your content is generated by AI.

United States Audience Exclusion

We do not cover any claim brought in a court of the United States of America or Canada, or under its law, arising from material that you created or published.

Wording note — platform rule (not part of the policy)

Questions

  • What percentage of your audience, or your clients' audience for your material, is in the United States? qs.pi.mm.us_audience_pct

Default rules (the first rule that matches applies; agencies may set their own actions and thresholds)

  • When qs.pi.mm.us_audience_pct > 10: Refer to the underwriter, with the endorsement pre-selected

Reason shown on the quote and schedule: Applies because {qs.pi.mm.us_audience_pct}% of your audience is in the United States.

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