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For the past 6 years, our blog has been primarily dedicated to providing professional liability insurance coverage news and analysis for the internet, tech and media industries.  We hope you enjoy reading our blog entries and we welcome your story ideas.  Our blog is updated with new entries about twice a month so please bookmark our site or just use our RSS feed.

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Entries in Claim Examples (72)

Can the Truth Be Libelous?

By applying an early state statute instead of the U.S. Supreme Court’s decision regarding what constitutes actual malice, the 1st Circuit U.S. Court of Appeals in Boston is allowing a libel lawsuit brought by a terminated employee against his employer to proceed. Since the content in question is an email that no one disputes is true, the ruling is creating a stir regarding the impact on the First Amendment.

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Posted on Thursday, March 12, 2009 at 01:04PM by Registered CommenterMarcia Sutton in , | CommentsPost a Comment

Insurance Agent Left Bare by Breach of Contract Exclusion in E&O Policy

A breach of contract exclusion in the errors and omissions policy purchased by an insurance agent that held binding authority for a property insurer was applied recently to bar the agent from receiving any E&O coverage when it was sued for having, apparently negligently rather than purposefully, issued two property policies that were beyond the scope of its binding authority.

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Posted on Thursday, February 5, 2009 at 04:06PM by Registered CommenterT.R. Franklin in , , | CommentsPost a Comment

How Much Do Those Security Breaches Cost: Take Three

As reported by the Washington Post, the latest survey from the Ponenom Institute pins down the average cost to a company for a security breach at $6.6 million for 2008 (up from $6.3 million in 2007 and nearly $5 million in 2006). The cost per lost record is estimated at $202. When we first started blogging this cost, states were still developing notification laws. At this point, the majority of states have passed some legislation for it. While there are insurance options to aid companies facing a security breach, the survey points out that customers, especially those in the financial and health industries, do lose trust and leave a company after a breach is reported.

Posted on Thursday, February 5, 2009 at 12:48PM by Registered CommenterMarcia Sutton in , | CommentsPost a Comment

Smartphones Can Expose More than a Company – or a Wife – Might Like

Nude photos on a smartphone serve to illustrate another potential vulnerability in information security for companies.


A married couple sued McDonald’s Corp. after photos of the wife turned up on the internet. Phillip Sherman says he left his iPhone, which contained the photos, at a restaurant in Arkansas and that an employee of the restaurant promised to secure the phone until he returned. He and his wife, Tina Sherman, want to hold the franchisor responsible for distribution of the photos.

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Posted on Wednesday, November 26, 2008 at 04:31PM by Registered CommenterT.R. Franklin in , , , | Comments2 Comments

That Pesky Question: Do You Know of Any Circumstances…?

William Cahow worked at American Special Risk Management Corporation (American).  He opened an account in the name of “Bill Cahow d/b/a American Special Risk Management” at Peoples Bank, and over the course of eight years  he improperly endorsed checks that belonged to American and deposited them into his own account.  His practice of taking his employer’s funds began to fall apart when one of American’s clients became suspicious about the endorsement on a check the client had issued. 

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Posted on Monday, October 20, 2008 at 09:00AM by Registered CommenterT.R. Franklin in , | CommentsPost a Comment

Target Settles Website Accessibility Lawsuit

As previously discussed, Target was sued by the National Federation of the Blind for allegedly failing to make the Target website accessible to the blind. The lawsuit was certified as a class action and was recently settled. The settlement requires Target to establish a fund in the amount of $6,000,000 for claimants as well as update its website to be accessible to the blind. Target previously claimed that there was not a law in place that could require it to make its website accessible to the blind.

Posted on Friday, September 19, 2008 at 02:05PM by Registered CommenterMarcia Sutton in , | Comments1 Comment

Recent Ruling Favorable to Internet Service Providers

In the Tiffany v. eBay trademark infringement case, the U.S. District Court for the Southern District of New York has ruled in favor of eBay.  Notably, the judge confirmed that eBay could not be held liable for trademark infringement based solely on its general knowledge that trademark infringement may be happening on its site.  Further, the Court determined that the burden of policing trademarks belongs with the trademark owner.  Eric Goldman’s Technology and Marketing Law Blog has an interesting overview of this entire case including a discussion of the decision’s influence on notice and takedown procedures, such as the copyright provisions under the Digital Millennium Copyright Act.  Overall, the decision appears to be good news not just for eBay but also for Internet Service Providers in general.
Posted on Tuesday, July 15, 2008 at 10:25AM by Registered CommenterMarcia Sutton in , , | CommentsPost a Comment