Personal Injury Privacy Insurance

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CYBER INSURANCE 101: Coverage Issues Related to Cyber Attacks and Cyber Insurance

The Rise of Cyber Attacks - On October 3, 2013, Adobe Systems Inc., the computer software giant responsible for staple software products such as Adobe Acrobat and Photoshop, announced that its security team had...more

Before Becoming The Next Target: Recent Case Highlights The Need To Consider Insurance For Data Breaches

If only one of Target, Snapchat, Facebook, Twitter, Adobe, and so on and so forth, had suffered a serious data breach within the last few months that would be sufficiently troubling. Yet data breaches have become so...more

Cyber Law Tracker: Recall Total v. Federal Ins. Co. – No Coverage for Data Breach under Commercial General Liability Policy

On January 14, 2014, the Connecticut Appellate Court issued a decision in Recall Total Information Management, Inc., et al. v Federal Insurance Company, et al., __ Conn. App. ___, 2014 WL 43529 (Conn. App. Ct. Jan 14, 2014),...more

Connecticut Appellate Court Affirms Denial of Coverage Under CGL Policy for Data Breach

As more data breaches and information security events occur, the insurance industry will see more disputes over whether losses from these events are covered under commercial general liability (CGL) policies. In the latest...more

Mississippi Court Holds No Coverage for Voyeurism Claim Under E&O Policy

In its recent decision in Tudor Ins. Co. v. Manchester Educ. Found., Inc., 2013 U.S. Dist. LEXIS 8458 (S.D. Miss. Jan. 22, 2013), the United States District Court for the Southern District of Mississippi had occasion to...more

Facebook No Friend of Yet Another MVA Plaintiff

Another Ontario Superior Court judge has ordered an MVA plaintiff to preserve, print, and produce to the defendant her Facebook photographs....more

Facebook No Friend of MVA Plaintiff

An Ontario Superior Court judge has ordered a plaintiff to re-attend an examination for discovery to answer questions about photographs of himself that he posted on his Facebook or MySpace pages. He also ordered the...more

Facebook No Friend for FSCO Claimant

A FSCO arbitrator has ordered a claimant to produce to the insurer all photographs with her image posted to her Facebook profile (including any limited-access or private portion of her profile) for the period May 5, 2008 to...more

TCPA Claims Arising From Junk Faxes Do Not Allege Unexpected or Unintended 'Property Damage'

U.S. District Court for the Northern District of Illinois In Maxum Indem. Co. v. Eclipse Mfg. Co., ___ F.Supp.2d ___, (N.D. Ill. June 13, 2011), the U.S. District Court for the Northern District of Illinois held that...more

Invasion of Privacy Tort could Cause Insurers New Headaches

Insurers Beware! Ontario’s Court of Appeal will rule on whether there is a common law tort for invasion of privacy in the province. A tort for invasion of privacy would inevitably lead to numerous new liability claims,...more

Facebook Defence - 1,500 Pages Sought - Personal Injury Lawsuit - Part 5

Three Facebook and MySpace accounts were sought just one month prior to Trial. Motion denied, with leave not being granted to bring this motion after service of the Trial Record. ...more

Facebook Defence - Give Me Access! - Personal Injury Lawsuits - Part 4

Plaintiff's Facebook profile, title "The Jill Murphy Fan Club" had 366 "friends". Plaintiff sought damages for fibromyalgia and TMJ disorder and put her pre-accident activities into evidence. Facebook disclosure ordered. ...more

Facebook Defence Strikes Again in Personal Injury Lawsuits - Part 3

Plaintiff with over 200 "friends" in Facebook, on an account marked "private", was ordered to produce his entire Facebook profile to the defence in his car accident lawsuit. ...more

Unsolicited Fax Advertising Does Not Constitute an “Advertising Injury”

Superior Court of Pennsylvania In Telecommunications Network Design and Paradise Distributing, Inc. v. Brethren Mut. Ins. Co., ___ A.2d ___, 2010 WL 3294319 (Pa. Super. Aug. 23, 2010), the Superior Court of Pennsylvania...more

CHINA ALERT: Promulgation of New Tort Law in China 7/1/10

In This Alert: *Punitive Damages *Privacy of Medical Records *Product Liability Lawsuits *Action Suggested Please see full alert below for more information....more

The “Fax” Don’t Add Up for Coverage

The California Court of Appeal, Second Appellate District, has held that the receipt of unsolicited faxes is not covered as “advertising injury” or “property damage” for insurance purposes. State Farm General Insurance...more

Court Ordered “Independent Medical Exams” And The Standard Of Review - A Second Kick At The Can

Article by ICBC Injury Claims Lawyer Erik Magraken discussing Court ordered "Independent" Medical Exams in BC Injury Claims and the law regarding multiple exams and the standard of judicial review to overturn a Master's...more

California and International Celebrity Lawyer On Invasion of Privacy, Defamation, False Light and Misappropriation of Name,...

Today, Celebrity and Workplace Invasions of Privacy are occurring on a daily basis. The right of publicity, the right to control the commercial use of their identity, is constantly infringed. Now individual citizens are also...more

ICBC Injury Claims And Your Privacy: The Implied Undertaking Of Confidentiality

Article by BC Personal Injury Claims Lawyer Erik Magraken discussing the implied undertaking of confidentiality when private information is shared with opposing counsel in a BC Personal Injury Lawsuit, specifically an ICBC...more

ICBC Injury Claims, Video Surveillance And Disclosure

Article by ICBC Injury Claims Lawyer Erik Magraken discussing video surveillance in BC personal injury claims and disclosure obligations of defendants. DISCLAIMER This article is authored by British Columbia personal...more

Did ICBC Snoop In My Private Records When I Was Called For Jury Duty?

Article by ICBC Injury Claims Lawyer Erik Magraken discussing the recent scandal involving ICBC's misuse of juror's private records in a recent Victoria, BC personal injury trial. This article suggests a way for other jurors...more

Facebook Photos Used To Contradict Plaintiff In Injury Lawsuit

Article by ICBC Injury Claims Lawyer Erik Magraken discussing a recent case from the BC Supreme Court in which Facebook photos where used by the Defendant to contradict the Plaintiff's testimony. DISCLAIMER This article...more

Can ICBC Talk To My Doctors About My Injuries?

Article by ICBC Injury Claims Lawyer Erik Magraken discussing ICBC right to contact treating physicians when a person advances an injury claim either under Part 7 of the Insurance Vehicle Regulation or in...more

Personal Injury Claims And Privacy - Can ICBC Access Your Facebook Account?

SUMMARY: Article by ICBC Injury Claims Lawyer Erik Magraken discussing the disclosure requirements of the BC Supreme Court, particularly focusing on computer records and data stored on social networking...more

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