Euclid Managers Insurance Web Log

Loss of Use Coverage Key to Court’s Decision Requiring Insurer to Defend

Marcia Sutton — Wed, 25 Aug 2010 16:31:54 +0000

A recent appellate court decision in the case of Eyeblaster, Inc. v. Federal Insurance Company offers a potentially unexpected interpretation of the property damage provisions of a General Liability policy.

In the case, Eyeblaster, an online marketing campaign company, was sued by a third party alleging Eyeblaster infected his computer with a spyware program. The claimant alleged he lost tax return data and incurred a financial loss. Among the many allegations, were trespass, invasion of privacy and intentionally accessing a protected computer without authorization. The claimant advised he experienced pop-up ads, hijacked browser, slow computer performance and random error messages and alleged that while no repair was possible, his computer did become operational again.

Technology Exposures and Procuring Privacy/Security Protection

Marcia Sutton — Tue, 10 Aug 2010 16:17:43 +0000

Network World recently published an article outlining several areas of exposure for Information Technology professionals and essentially any company using technology to run its business. The article highlights the importance of licensing software and points out the IT professional could have personal liability as the individual who makes the illegal copy is technically the infringer. Also, the article mentions a case we previously discussed involving whether or not employee text messages are private. In this case, the Supreme Court did decide that the employee does not have an expectation of privacy for text messages, even personal ones, sent via the pager issued by the employer.

Purchasing General Liability and Professional Liability Together: The Dangers of Putting All Your Eggs in One Basket.

Kristine Stone — Tue, 27 Jul 2010 16:24:03 +0000

Do you agree with the adage, “Don’t put all your eggs in one basket?” The traditional response is yes; however, a recent trend in the insurance industry is causing some to throw that adage out the door.

The trend is to advise the Insured that it is advantageous to purchase General Liability and Professional Liability insurance with the same carrier. But this is not always true.

Naked Cowboy Asks Naked Cowgirl to Cease and Desist

Marcia Sutton — Tue, 13 Jul 2010 20:07:07 +0000

Red Flag Rules Deadline Extended Again

Marcia Sutton — Fri, 18 Jun 2010 13:37:35 +0000

The FTC’s deadline for businesses to develop an Identity Theft Prevention Program was once again extended. Now, companies have until the end of the year to develop a program. The purpose of the extension is to allow Congress time for further exploration into what types of business should be subject to The Red Flag Rules (The Rule). Currently, The Rule applies to financial institutions and creditors with covered accounts. The FTC has specific definitions for financial institutions, creditors and covered accounts as described below.