dickstein shapiro llp pax dev 2014 presentation: insurance for game developers and publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved. Insurance 101 for Game Developers and Publishers: Are You Covered? PAX Dev 2014 August 28, 2014 Erin L. Webb, Dickstein Shapiro LLP Sara Owens, Hub International and GNW Evergreen Insurance Services #3247763

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Erin Webb Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance 101 for Game Developers and Publishers - Are You Covered? August 28, 2014

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Page 1: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Insurance 101 forGame Developersand Publishers:Are You Covered?PAX Dev 2014August 28, 2014

Erin L. Webb, Dickstein Shapiro LLP

Sara Owens, Hub International andGNW Evergreen Insurance Services

#3247763

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Why is insurance important?

Introduction

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Why is insurance important?

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Protection

Requirements

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Insurance Can Protect Your Business

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Page 5: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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The Right Fit Is Important

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Page 6: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Avoiding an Overpowered Insurance Program

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Avoiding Gaps in Coverage

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The Underwriting Process

• Video games are new to insurers

• Insurance can be new to video game companies

• Working with a knowledgeable broker is essential

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The Underwriting Process

Company

Broker

Insurer

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Page 10: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

The Underwriting Process

• Entertainment

• Software

• Both

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Positioning Your Claim to Maximize Coverage

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Page 12: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

How to Respond to a “No” From Your Insurer

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Page 13: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

How to Respond to a “No” From Your Insurer

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Page 14: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

How to Respond to a “No” From Your Insurer

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Page 15: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

How insurance can impact your business at any size

The Story of Gameco

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Page 16: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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Small Business: Two-Person DevelopmentTeam – Gameco

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Page 17: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Small Business: Two-Person DevelopmentTeam – Gameco

• Infringement claims and“Advertising Injury”

– Konami v. Hartford

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Small Business: Two-Person DevelopmentTeam – Gameco

• Infringement claims and“Advertising Injury”

– Konami v. Hartford

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CGL

CoverageB

Advertising

Infringement

Page 19: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Small Business: Two-Person DevelopmentTeam – Gameco

• Infringement claims and “Advertising Injury”

– Hyundai Motor America v. National Union

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Page 20: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Small Business: Two-Person DevelopmentTeam – Gameco

• Rights, rights, rights

• Errors and Omissions coverage

• ID@Xbox

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Page 21: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Medium-Size Business: Gameco, Inc.

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Workers’Compensation

EmploymentPractices Liability

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Medium-Size Business: Gameco, Inc.

• Types of Claims

• Risk Management

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Large Business: Gameco Conglomerated

• Specialized Cyber Policies

– Sony v. Zurich

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Conclusion

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Page 25: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Conclusion

• Company + Broker + Counsel = Teamwork

– Attorney-Client Privilege issues

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Counsel Broker

Insurer

Page 26: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Conclusion

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Where aremy

sunglasses?

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Conclusion

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Page 28: Dickstein Shapiro LLP PAX Dev 2014 Presentation: Insurance for Game Developers and Publishers

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© 2014 Dickstein Shapiro LLP. All Rights Reserved.

Speakers

Erin L. Webb is a SeniorManaging Associate at DicksteinShapiro LLP. She is a member ofthe Insurance Coverage group inthe Washington, DC office andhas significant experiencerepresenting companies in theentertainment and technologyfields in disputes with theirinsurers. She can be reached [email protected] or(202) 420-2607. Follow her onTwitter @erinlwebb.

Sara Owens is a Vice President atHub International, a division ofGNW Evergreen Insurance Services.She is a broker with extensiveexperience placing insurance forcompanies in the entertainmentsoftware industry, and designingrisk management strategies for thegame industry. Sara is the creator ofGame Guard, a proprietaryinsurance and risk managementsolution for video game publishersand developers. She can be reachedat [email protected] or(818) 257-7465.

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