You organized a “famous influencer’s” closet. You posted a “Before” photo of the messy floor to Instagram, blurring her face but leaving a distinctive tattoo visible. Fans ID’d her. She is suing you for Breach of Contract (NDA) and Invasion of Privacy, demanding $100,000 in damages.
Key Takeaways
- Breach of Contract Exclusion: General Liability covers negligence. It excludes liability assumed under a contract (like an NDA). If you broke a promise to keep a secret, that’s on you.
- Personal & Advertising Injury: This section of your GL might cover “Invasion of Privacy” or “Publication of private facts,” but the NDA breach complicates it.
- Media Liability: For organizers who are essentially “Influencers” themselves, Media Liability insurance covers copyright, privacy, and defamation claims.
- Metadata: Posting a photo often includes GPS data. Even if the photo is blurry, the metadata can reveal the celebrity’s address.
The “Why” (The Trap): Intent vs. Accident
If you accidentally uploaded the photo, you might have coverage under Coverage B (Personal and Advertising Injury).
However, if you signed an NDA promising total confidentiality, the insurer will cite the “Breach of Contract” exclusion. They will say: “You voluntarily signed a contract accepting this liability. We didn’t agree to insure that contract.”
The Investigation: Social Media Insurance
I checked how carriers handle privacy claims.
1. Hiscox (Media Liability)
- My Analysis: They offer a policy specifically for content creators.
- Coverage: Defends against “Misappropriation of Name/Likeness” and “Public Disclosure of Private Facts.”
- Verdict: Essential if you use client photos for marketing.
2. Standard GL
- My Analysis: Coverage B typically includes “Oral or written publication of material that violates a person’s right of privacy.”
- The Catch: The sub-limits are often lower, and the “Contract” exclusion is a major hurdle.
Comparison Table: Privacy Coverage
| Claim Type | General Liability | Media Liability |
| Accidental Privacy Violation | Yes (Coverage B) | Yes |
| Breach of NDA (Contract) | Denied | Yes (Often) |
| Copyright Infringement | Yes (Advertising) | Yes (Content) |
[IMAGE: Screenshot of a ‘Model Release/Photo Release’ form specific to home interiors]
Step-by-Step Action Plan
- Delete Immediately: Remove the post from all platforms.
- Check the NDA: Did it specify “Liquidated Damages” (e.g., “$10,000 per breach”)? If so, you might just have to pay that amount to settle.
- Photo Release Form: Never post without a signed release for that specific image.
- Blur Backgrounds: It’s not just faces. Distinctive windows, art, or views can ID a house.
FAQ Section
Can I post if I don’t name them?
If the room is recognizable (which it is for celebs), you can still be sued.
What if they verbally said it was okay?
Verbal contracts are hard to prove. Always get it in writing (text or email counts).
Does this cover me if I gossip about the client?
That is “Slander” (Defamation). GL Coverage B usually covers slander, but it’s unprofessional.