IT Claims Examples

   
   
The following scenarios provide examples of the types of claims to which businesses with an Internet or Hacker Liability exposure could be vulnerable.
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Bad Banner Ad. A consulting firm operated a website to aid in its marketing efforts. The website contained several banner advertisements that were managed by the firm's Internet Hosting service. One of the third party banner ads contained material that infringed on another's trademarked and copyrighted material. Although the consulting firm didn't actively select the content of the banner ads that appears on its website, it was sued for publishing infringing material. Internet Liability coverage would afford a defense for the consulting firm and, if found liable, would pay damages on its behalf.
In California:
BSR Insurance Services
CA Lic # 0E72686
  Trademark Dispute. A new company set up a website to reflect the services they would be performing. Primarily, the company will be competing with the principals' prior employer, and they incorporated that company's trademark into a meta tag identifying the new company's website. As a result of the meta tag, the new company's website comes up on any search of the prior employer's trademark creating confusion, and potentially diverting traffic from the prior employer's site to the new company's site. Consequently, the prior employer filed a lawsuit against the new company to enjoin it from using the prior employer's trademark on their website. Internet Liability coverage would afford a defense to the new company in the action.

 
Key Data Lost When Hacker Attacks. A clinical research firm's network was attacked by an unauthorized user and a substantial amount of key data was destroyed. The lost data was of critical importance in presenting the necessary support for FDA approval of a new medical device. As a result, the clinical research firm had to hire an outside forensic computer service to assist in reconstructing the database. Additionally, extra expense was incurred in the use of outside computing capabilities to continue development of the tables needed for presentation of the statistics supporting FDA action. The clinical research firm's extra expenses incurred in dada reconstruction and outside computing services would be covered by a Hacker Liability and Hacker Loss to Insured Coverage.
 

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Sensitive Data Gone, Along With Laptop. An insurance agency's marketing rep downloaded to his company-issued laptop data to be used in underwriting a group benefits program for a local employer. He planned to review the data in his off hours so as to develop a marketing plan. The data included employees' names, social security numbers and insured medical expenses for each of the prior three years. Soon after downloading the data, the marketing rep's laptop was stolen, and subsequently, the data on it was released onto the internet. As a result of the release, several people on the list had identity theft issues for which they brought liability actions against the insurance agency. Ultimately, a local attorney filed a class action lawsuit on behalf of the employees whose data was released. The Hacker Liability and Hacker Loss to Insured Coverage would defend the insurance agency against these actions and would pay for damages for which the insurance agency was held liable. The policy's supplementary Public Relations Coverage would afford reimbursement for the cost of a public relations consultant to assist the insurance agency in responding to actual adverse publicity in the media relating to the event.
Claims examples provided by News Source - Markel.
 
Please remember that each situation is unique. This page is provided for informational purposes only and does not constitute legal advice. Do not hesitate to contact us regarding your particular situation.