Insurance Daily Journal

Fox Settlement with Dominion is likely to cost$ 787.5 million.

Monday, April 24, 2023 8:47:38 AM

Although Fox Corp. ' s$ 787.5 million settlement with Dominion Voting Systems over defamation charges is impressive, the media company'll'll probably end up with much less money in the long run.

Fox and Dominion reached an agreement regarding allegations that Fox News had falsely accused them of rigging the 2020 presidential election. It was the media slander condition that received the most attention in years.

According to MoffettNathanson analyst Robert Fishman, Fox was expected to pay the settlement during the current quarter even though it had about$ 4 billion in cash on hand as of December 2022.

There are ways for Fox to cover some of the cost, chiefly through security and the use of taxes deductions, so it is unclear how much the lawsuit may actually cost.

Fox may withdraw the Dominion lawsuit from its earnings taxes as a business-related cost. Brian Nick, the deputy communications officer at Fox, has affirmed that the settlement is deductible.

Substantial settlements are frequently deducted by large corporations to assist cover some costs, but it can be challenging to determine the precise benefits they receive because settlement amounts are typically private. Purchases made to the public or on its behalf are typically not deductible, but purchases that are viewed as restitution or compensation may be deducted.

Fox will receive roughly three-fourths of the colony degree, or nearly$ 590 million, after the tax write-off, according to Robert Willens, a taxes professor at the Columbia University School of Business.

The key, he said, is that if the payments are being made to private events rather than at the government's's request, you can pretty much assume that the cost will be deductible without worrying about contradiction.

According to a 2005 study by the Government Accountability Office, 20 companies reported deducting some or all of their settlement payments from 34 settlements totaling over$ 1 billion. According to reports, major banks like Bank of America and JPMorgan Chase already withheld some of the towns associated with the 2008 financial crisis.

Additionally, security is probably going to cover some of the colony if Fox is insured. A major media organization like Fox, according to Chad Milton, a partner at Media Risk Consultants, may have coverage totaling between$ 100 million and$ 500 million, including media liability insurance and other types of insurance.

It's's not difficult to accumulate$ 100 million, but as you go further, Milton said, it gets harder and harder.

A media company typically has to pay a certain sum, which could be in the thousands, before coverage begins to cover the cost. The threshold, though, excludes attorney fees, which in a high-profile case like Fox-Dominion could be in the tens of millions of dollars or more, so they might be the only expense.

There could be an annual overall limitation of liability, which could mean that carriers wouldn't support another large settlement, even if an insurance provider pays a sizable portion of the settlement.

Additionally, there are limitations written into contracts that allow policyholders to avoid paying in certain situations, so internet companies and insurance companies don't always agree on who should support what. After ABC aired a category that questioned the security of flesh producers' products that critics referred to as red slime, Disney resolved its slander lawsuit in 2012. However, despite ultimately losing, one of its carriers, AIG, decided to sue Disney in order to avoid having to pay a portion of the arrangement.

Fox has added that it doesn't anticipate the lawsuit having an impact on its operations.

Given our money move, strong balance sheet, and the state of our business, we don't anticipate any significant functional changes or changes, the organization said in a statement following the announcement of the arrangement.

Everything, according to MoffettNathansons Fishman, suggests that the business will be able to conduct operations as necessary.

He said it's's unclear how much, if any, of an impact these lawsuits have had on Fox News viewership and revenue.

Fox's's ability to return cash to shareholders, including a$ 1 billion accelerated share buyback system announced in February, won't be hampered by the settlement, according to Fishman.

Fox and Smartmatic, a manufacturer of voting machines, are suing each other for similar rights, but no date has been set and the condition may not go to court for several years.

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