Under Benefit B, the *Plan will – for each subpoena or suit – pay up to $20,000 or an Insured Participant's retention/deductible amount (whichever is less) of the Counsel's and Local Counsel's fees to:
Out-of-Pocket Expenses for Benefit B
- Respond or resist a subpoena issued by a court physically located within Oklahoma to a participant, its agents, servants and employees acting within the scope of their employment while gathering or publishing news or advertising to be published in the participant’s newspaper or on the participant’s Internet newspaper website; or
- Defend a suit brought in a court physically located within Oklahoma against a participant, its agents, servants and employees acting within the scope of their employment while gathering or publishing news or advertising in the participant’s newspaper or on the participant’s Internet newspaper website when the cause of action alleged is for:
1. Libel or Defamation
2. Invasion of Privacy
4. Restraint of Trade
5. Price Fixing
In addition to Counsel fees, the Plan shall pay one-half and the participant shall pay one-half of the following out-of-pocket expenses incurred by retained Counsel and local Counsel in the defense of an action. The out-of-pocket expenses shall be limited to the following:
- Photo duplication (20 cents per page)
- Telephone charges
- Court fees and deposits with prior written consent of the participant
- Deposition and court reporter fees with prior written consent of the participant.
All other expenses, such as witness fees and expert testimony, shall be paid by the participant.
Participants carrying insurance for benefits under Benefit B
If a participant has insurance coverage for an action for which the participant is entitled to under Benefit B, the participant shall timely file a claim with the Insurer.
If the Insurer selects an attorney to defend the participant other than the Plan’s retained counsel, the Benefit B payments will not be made to the Insurer’s selected attorney, but rather shall be made to the retained counsel to provide such assistance to the Insurer’s selected attorney as same shall request.
If no such assistance is requested, the Plan will make no Benefit B payments except to the Plan’s retained counsel to monitor the litigation and provide timely reports to the Committee.
The participant agrees to timely apply for any monies due from its insurer and to forward any such monies to the Plan.
Retention of Local Counsel
When necessary or desirable in the defense of an action covered in Benefit B, the Administrator -- subject to approval of the Legal Services Plan Committee -- may hire local Counsel in the jurisdiction where the action is filed only with the approval of the Participant.
Exclusions from Benefit B
*The Plan is not an Insurance Contract
- Any area of law not specifically listed in Benefit B is excluded from this Plan.
- No legal defense of any action filed outside the state of Oklahoma will be undertaken and is specifically excluded from this Plan.
- Any cause of action, claim arising, or subpoena served while a participant is not in good standing with the Plan is specifically excluded from the Plan.
- Any claim or cause of action arising earlier than six (6) months after the participant's effective date is specifically excluded from the Plan.
- The Plan is for participants only. Thus, websites not wholly owned and controlled by the LSP Participant are excluded.
- The phrase “news-paper website” means a website whose purpose is to republish and augment news and advertisements published by an LSP participant. All other websites are excluded.
- A participant’s newspaper website’s unique on-line content (content prepared, edited, or posted by the newspaper staff specifically for the website) is covered, but material posted to the website by third parties is excluded.
The Plan is designed only to provide quality prepaid legal services and to pay certain specifically enumerated expenses. The Plan should not be construed to be a contract or policy of insurance for the payment of any judgment, claim, or demand other than the specifically-enumerated benefits set out herein.
The participant shall be solely responsible to pay any final judgment for money rendered against it and to pay any money as a compromise settlement for any claim. No participant may have a claim against the Plan, the Committee members, OPA Officers, OPA Board of Directors and staff of same in excess of the fund balance of the Plan.