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    « How is an Insurance Company Supposed to Apply the Defensive Driving Course Credit? | Main | Report: Chubb 'Re-Evaluating' Position on Certificates of Insurance »

    December 15, 2010

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    Don Pachner

    I agree with their stance, but it does create a chicken vs. egg problem in that the facts contained on the FaceBook page may determine whether they are discoverable, so the insurer would have to hire an investigator to impersonate an interested member of the FaceBook public in order to suerreptitiously ask the claimant to allow access the page to determine whether it is worth pursuing in discovery!

    Tim Dodge

    Don,
    Good point. I think the court's message is that an insurer has to have some factual basis for believing that the Facebook page might contain incriminating evidence before they can go snooping around in there. For example, many Twitter users leave their posts available to public view (a user has to deliberately choose to approve followers.) If a claimant who supposedly has trouble walking posts publicly on Twitter about the great time she had dancing Friday night, that would give the company a valid reason for wanting to see photos and other information on her Facebook page, and I think the court would approve it. In this case, the court believed that the insurer was merely looking for anything and everything that might conceivably have dirt on the claimant, and that was not a good enough reason for the company to access a password-protected account.

    Dan D. Kohane

    Hey, thanks for the nice words about Coverage Pointers. We're delighted that the publication, and your paycheck, are in harmony!

    Dan D. Kohane

    [for those who are interested in subscribing, we'll charge them half of what we charge you for the free subscription. Just drop a note to ddk@hurwitzfine.com

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