Claims that made the news in August 2021
Hello!
Welcome to our second issue on claims that made the news in 2021.
In today's post, let's talk about what happened in August and get ready because #MondayBlog is on fire!
As mentioned in our last publication What are the salvage and how does subrogation work?
This September we will focus on issues related to claims. Because, honestly, the real reason insurance exists is because accidents, damages and breakdowns happen.
So, at Prospecto, we believe it is important to demonstrate that claims do happen daily, and that we are prepared to help you in this moment, which can be very complicated, without a consultancy that knows what it is doing.
MANY E&O CASES
It seems that the month of August and the beginning of September of this year were months marked by several articles portraying situations that would fall as beautiful sinisters of Errors and Omissions, with accusations of plagiarism, slander, average failures and moral damages!
Another factor that has contributed to claims is weather conditions. The world is crazy, with floods, hurricanes and earthquakes shooting up and causing damage everywhere. Maybe this is a practice only for Prospecto, but when we read news about climate-related tragedies, after the first reaction of sadness by the people and animals affected, we immediately think, who will be the insurance company that will pay for this claim?
br>
Anyway, let's get to the news on August and our view of possible claims!
ADELE & MARTINHO DA VILA
Errors and Omissions - Plagiarism
This story was portrayed in Veja magazine, and according to the article, the musician Toninho, who filed the lawsuit against the singer presented evidence that 87% of the song “Million Years Ago” by Adele are a copy of the song “Women” by Martinho da Vila.
We couldn't stand the curiosity, so we went amd listened, and it sure seems like they are very similar!
Check it out below and give us your opinion, okay?
But, whether this accusation is confirmed as fair and straight, or not, the fact that the plagiarism controversy is raised is enough for this case to enter the list of errors and omissions of the media product, since this product covers lawsuits arising from accusations of plagiarism, which are the result of honest errors. So, dear reader, we hope that Adele and Sony have a nice E&O insurance to deal with this plagiarism charge. In this case, the coverage triggered would be: Libel, Injury and Defamation!
FELIPE NETO & DEPUTY CARLOS JORDY
Moral Damages and Calumny - Professional Liability
Deputy Carlos Jordy will have to pay, as determined by the Court, compensation to the influencer Felipe Neto. The Youtuber suffered moral damages from the actions of the politician who linked him to the Suzano's Massacre (SP).
The value of the indemnity was set in 35 thousand BRL, in addition to a public refrain by the deputy.
This is a classic case of Professional Civil Liability. Does this deputy have a Civil Liability at hand?
Moral damage, according to the law, occurs when someone performs an action that damages another person's property or dignity, causing psychological distress, embarrassment, discomfort and/or humiliation. This moral damage is directly linked to offenses against someone's name or image, or the image of a company. And not only that, this damage can cause indirect financial losses to the victim.
So, when congressman Carlos Jordy claimed that the aggressor in the Suzano Massacre case was a follower of Felipe Neto, and that the youtuber was teaching and inciting people to acts of violence, he not only defamed the influencer, but also caused embarrassment. And after the court analyzed all the evidence and proved that the accusations were unfounded, all this was nothing more than a malicious act of false testimony.
So Felipe Neto, if he had an E&O policy, he could have activated his insurance to cover the legal expenses raised for libel and defamation.
And the deputy could try to use his Professional Liability policy because of the damage he caused to a third party, if he could prove that he was deceived and his moral damages action was unintentional.
TRAGEDY IN SURGERY OF MARINA LEBEDEVA
Professional Civil Liability Medical Failure
On August 27, Russian influencer Marina Lebedeva died during a rhinoplasty procedure, that is, plastic surgery on her nose. The court is investigating the facts but it seems that she had a reaction to the anesthesia, which caused a fever during the surgery, and despite the efforts of the medical team on site and the emergency ambulance, 31-year-old Marina did not resist.
What a sad story. Mainly because it is a procedure that has become so popular. That's why every medical establishment and every professional in this area must have professional liability insurance for damages caused by professional failure. Such a lawsuit can bankrupt an esthetic clinic and, if negligence is proven, there is a loss of license from the place and the responsible physician.
The clinic is waiting for the investigations to be concluded, but the company's spokesperson stated that all procedures were carried out in accordance with Russian regulations and that if something went wrong, it would be the first time in the company's history.
OLIVIA RODRIGO & PARAMORE
E&O – Plagiarism charge
And we have another case of plagiarism accusation and this time the accused is Olivia Rodrigo. It seems that Olivia's "good for 4" song was accused of being similar to Paramore's "Misery Business" song.
Apparently, the singer has already settled with the band Paramore, giving retroactive credit and also paying royalties. And if she still doesn't have E&O insurance, it's time to go after it, after all, as Adam Levile said, the artistic creation process is very complex and not every copy is intentional, often honest mistakes can be made.
What do you think, dear reader?
SPENCER ELDEN & NIRVANA
E&O – Child sexual exploitation?
There are cases of justice that are, to say the least, intriguing. Who doesn't remember Nirvana's memorable album cover that had that cute baby, naked in the pool, picking up a dollar bill?
Well folks, the baby has grown up and is processing everyone involved in the creation and display of the photo. Spencer Elden, now 31 years old, declares that he never received a penny for the photo and that his parents did not sign any document of image rights and, on top of that, he says he is suffering trauma due to having his naked image around.
>
Nervermind's famous baby is after a $150,000 compensation.
When we say that E&O insurance is essential, it's no joke. Did you see how many years this process took to arrive? It's no wonder that media content distributors and licensors have been asking for 50-year contracts abroad for E&O insurance.
The E&O coverage triggered would be moral damages and we are super curious to see how this process will be decided, because if Spencer Elden wins the case, we will see new behavior in the Errors and Omissions insurance business.
DUDA REIS & NEGO DO BOREL
E&O – Slander, insults and defamation
Duda Reis and Nego do Borel were in the news once again in August. Only this time the accusation came from Nego do Borel, who accused the actress of 31 crimes, including libel, insult and defamation.
The Brazilian justice did not proceed with the case, as the complaint was made months after the alleged crimes had occurred, that is, Borel missed the deadline to complain about what Duda had declared on social networks about the reason for the end of his relationship with the singer.
When we talk about these types of cases, where public people are involved, we realize how much Brazilian artists need to take up a E&O insurance coverage.
The E&O or Professional Civil Liability insurance exists to support people in the artistic field in situations in which they are accused of slander, insults, defamation, plagiarism and other similar situations.
So, in this case, Duda Reis could have activated its insurance and the insurance company would bear the costs of lawyers and the legal process.
What did you think of those news? Did you already know about these matters?
The important thing about E&O insurance is that it is a Civil Liability coverage linked to the media area, but there are other professions that have the possibility of protecting themselves from professional responsibilities and damages caused to third parties in an involuntary way.
These professionals are doctors, educators, nurses, engineers, and many others.
Therefore, if your profession could incur harm to other people, even if it is psychic harm, talk to Prospecto, we will help you find the right protection for your type of business.
Next week we will continue to talk about claims, but this time it will be accidents caused by drones, around the world.
We're waiting for you for the next #MondayBlog.
Have a great week, lovers!
Prospecto Seguros
LEGAL NOTICE
This post was created through research on the sites listed below, under the "Fair Use" copyright law, as the research materials fall under public knowledge.
Learn more:
Errors and Omissions
Equipments
Audiovisual Production
Drones
Life and Personal Accidents