Thank you for visiting the Euclid Managers, LLC Weblog. For the past 5 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 on about a bi-weekly basis so please bookmark our site or just use our RSS feed. Need sample claims? Visit the Claim Examples section of our Blog. Try our Comments feature. You are not required to register or provide your email address. Just click on the “post a comment” link at the bottom of the entry, type your feedback, and click on the “create post” button.
Privacy and Security Exposures for Cloud Computing
What is cloud computing
The definition varies depending upon who you ask but it can be described as purchasing hardware and software as a utility service. Meaning a company does not actually own, install or maintain its own software on its own hardware but instead outsources the entire deal, using virtual servers over the internet. It is that different from grid computing or utility computing? Again, opinions vary. Certainly the concept continues to generate some buzz akin to the Web 2.0 mania.
Marcia Sutton
in Invasion of Privacy, Security, Tech
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Question: What risks or exposures keep you up at night? Answer: They all do, because I care.
Check out Laura Johnson’s interview with Insurance Journal on the professional liability exposures and litigation trends for technology and manufacturing companies. This interview is from the November 2008 Professional Liability Underwriting Society (PLUS) International Conference but the concepts discussed are still relevant today.
Marcia Sutton
in Invasion of Privacy, Manufacturer, Tech
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Keeping Track of Service Agreements
The Electronic Frontier Foundation (EFF) has recently launched TOSBack.org, a site for keeping track of what has changed and when for the Terms of Service (TOS) agreements of major websites.
As previously discussed, a company should not necessarily rely on implementing a change to its Terms of Service contract by simply posting the revised contract on its website; the other party to the contract, the customer, needs to be aware of the change. This principle applies even if the company puts a statement in its Terms of Service agreement warning the customer that the agreement will be changed without notice. As Eric Goldman points out on his Technology & Marketing Law blog, stating that the Terms of Service agreement can effectively be changed at any time without notice, could render the entire agreement unenforceable.
On The Privacy Front
Mass. General is facing a possible class action lawsuit because one of its employees took private patient information home for the weekend and left it on the train.
The California Department of Public Health assessed an administrative penalty of $250,000 on Kaiser Foundation Hospital in Bellflower for allowing employees and physicians unauthorized access to a patient’s medical records. The penalty was assessed under a new medical privacy provision of California’s Health and Safety Code.
Marcia Sutton
in Claim Examples, Invasion of Privacy, Security
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Claim Examples for Bloggers
The Media Law Resource Center (MLRC) has a new blog tracking legal actions against bloggers. It’s searchable by a variety of categories. So if you’re looking for claim examples involving blogs, check it out. In the damages category, the MLRC currently tracks 17 cases totaling over $30 Million in damages awarded. Of the cases shown, the highest amount awarded by a jury involved a suit for libel over a site post about the plaintiff’s business practices. The case was settled confidentially immediately before the jury rendered its verdict of $2.5 Million in compensatory damages plus $10 Million in punitive damages. The site in question was turned over to the plaintiff.
Marcia Sutton
in Claim Examples, Internet
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Bloggers Are Advertisers?
We have been discussing the roles bloggers play as publishers and/or journalists for a while now but a new proposal from the FTC could add an additional role (or liability) for bloggers, that of advertiser.
Late Claim Reporting Problematic but Not Necessarily Grounds for Denial
The Texas Supreme Court recently ruled that an insurer cannot deny coverage because notice of a claim is not provided “as soon as practicable” if the late notice does not prejudice the insurer. This is a reversal of an earlier ruling made by the Texas 5th district appellate court. While this ruling may seem advantageous for insureds, late reporting of claims is still problematic. Here’s a basic overview of how claims are analyzed:
Marcia Sutton
in Claim Examples, Defense and Settlement
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