opinion

Insurance Tips for Webmasters

I was re-reading through the September issue of XBIZ World magazine today and came across an article, "Insurance Basics" by Michael Bruce Abelson, which had an informative sidebar entitled "Insurance Tips for Webmasters" that you might have missed. It's important information that I thought deserved another look:

Exploiting your insurance coverage depends entirely on pressing your rights in the face of an insurer who systematically seeks to avoid payment. The stakes can be huge, especially when your policy includes a "duty to defend" provision. In that case, the insurer's defense obligations are unlimited, meaning that — irrespective of the policy's face amount — the carrier must pay for your defense lawyer and all reasonably related litigation expenses until the claim is resolved either by settlement or judgment. It also includes costs of appeal. If the defense takes years (or even decades), so be it. The insurer must pay.

Below are five tips for webmasters to consider:

Hire a broker. A good broker will provide you with invaluable advice and insight regarding your business exposures and all available coverage out there to protect you. A broker will negotiate pricing and terms. Best of all, a broker's obligation is to find you appropriate coverage. If through mistake or inadvertence your broker fails to do his job, the broker has his own coverage to respond to your gap in coverage. Think of it as insurance against being uninsured.

Tender the claim. This is where it all begins. The mere act of sending the insurer a "claim" — be it a threatening letter or a copy of a lawsuit — triggers the insurer's obligations to investigate and respond by way of a formal coverage opinion. That response, due in 60-90 days, will provide you with a legal/factual statement of the insurer's stance tied to the specifics of your claim. It also will provide you with a roadmap for determining what additional information may be needed to trigger coverage. The tender date also is critical for assessing the insurer's payment obligations, which, if you later "prove-up" coverage, will be backdated to when the carrier was first notified of the claim.

(Note: Where to send the notice of a claim is designated in the policy. Your broker can also handle this for you.)

Put it in writing, set and enforce deadlines. Whether dealing with your broker or your insurer, put everything in writing. Set reasonable deadlines for responses and follow up. Religiously. After every telephone call, confirm the contents in a brief letter or email and invite the recipient to respond if you misstated or forgot anything. Insurers are required by law to respond within a set time frame to policyholder inquiries. Insist on answers. If a deadline passes without response, write a note to remind the insurer that an answer is owed. Build your record.

Don't take "no" for an answer. An insurer's first response to any claim is (invariably) "no." Don't accept that answer. Press for explanations and send follow-up / additional information that supports your claim. The fact is that claims change over time.

As the result of correspondence such as amended pleadings, document exchanges and depositions, additional facts often develop that clarify or trigger coverage. Unless you keep pressing the insurer and continuously provide additional information, you may fail to send in key information to unlock policy benefits. Since, as noted, benefits often apply back to the original date of tender, consider this tactic a long-term investment.

Sue. In most jurisdictions, the standard for triggering policy benefits is extremely light — the mere "potential" of coverage is sufficient to require an insurer to provide a defense.

Moreover, such assessment is made on the basis of alleged harms, with coverage applying even if the claim asserted is indisputably groundless, fraudulent or false.

Given such standards, an experienced coverage practitioner can quickly assess whether you're being ripped off by your insurer. If that's the case, sue. In many states an insurer's failure to provide timely and complete policy benefits gives rise to an independent tort and the potential of punitive damages and payment of your attorneys' fees for prosecuting your right to benefits. Insurers beware.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

Peppermint on Finding Beauty Beyond Breast Cancer

I never thought it would happen to me. After all, I had done all the “right things” to stay healthy, so in the summer of 2020 when I felt a lump in my left breast, I was convinced it was nothing more than a cyst. At least, that’s what I kept telling myself. Yet a quiet voice inside still whispered, “But what if…?”

Peppermint ·
opinion

What Sexual Wellness Brands Can Learn From Taylor Swift

Taylor Swift is an undeniable cultural force, but her superpower isn’t just music. From surprise album drops on podcasts to billion-dollar tours, the Swiftie empire has turned into a global movement in large part thanks to effective marketing.

Naima Karp ·
opinion

Frightfully Fun Ways to Boost Spooky Season Sales and Fan Interaction

Halloween is one of those magical marketing windows where fans are already primed for fun, costumes and a little mischief. For clip creators, that means October is a golden opportunity to drive engagement and boost income with seasonal promotions.

Megan Stokes ·
opinion

How Humor Breaks the Ice in Adult Retail

Laughter sells. That’s especially true in our industry. Where vulnerability and curiosity walk through the door together, humor can help turn hesitation into comfort.

Alexandra Bouchard ·
profile

Eva Maxim on Serving Tricks, Treats and Trans Power

Eva Maxim is fresh off a plane, running on no sleep — and still glowing. She gushes about a costume she’s planning for an upcoming photo shoot, all gold accents and attitude. She’s been scouting a location for it.

Jackie Backman ·
opinion

Tips for Staying Sexually Healthy as a Livestreamer

In addition to the absolute essentials — like regular STI testing, bodily cleanliness, consent discussions and maintaining intentional boundaries — content creators who work as livestreamers must attend to a unique set of concerns.

Mikayela Miller ·
trends

Multipurpose Products Take Center Stage as Pleasure Brands Face Headwinds in Europe

As 2025 unfolds, the European pleasure industry finds itself balancing between resilience and recalibration. After riding high on customer demand during the pandemic, the sector is now adjusting to more cautious customer behavior, global geopolitical tensions and shifting retail strategies.

Ariana Rodriguez ·
opinion

Balancing Content Creation With Real-Life Desire

Let’s be real for a moment: Nobody actually wakes up turned on, camera-ready and full of fantasy, then stays that way 24/7. For most people, that’s not a problem — but when your livelihood depends on creating clips, livestreaming or running fan pages, a mismatch between libido and schedule can feel like a personal and professional crisis.

Megan Stokes ·
profile

Cami Strella on Crafting Persona, Claiming Power

With her long, silky black hair, dark eyes and warm olive skin, Cami Strella looks like she might have stepped out of an Isabele Allende novel. But while she may be in the business of fantasy — as are all adult performers and creators, to one degree or another — the thriving indie brand Strella has been building, one strategic move at a time, is very real indeed.

Jackie Backman ·
profile

WIA Profile: Sara Gaffoor

Though it may seem surprising to outsiders, industry veterans are well acquainted with the self-esteem, personal growth and rewarding career achievements that can come with a job in the sex toy space.

Women in Adult ·
Show More