Internet Defamation: A New Challenge for the HO-3?
An article in Tuesday’s New York Times discussed the growing trend of merchants to file defamation actions against aggrieved consumers who post unflattering statements about them on the internet through social media such as Face Book or Yelp. While such claims may be subject to anti-SLAPP statutes in many states, they nonetheless pose a daunting prospect for the defendants, most of whom are likely to be citizens with little or no experience in the legal system.
So will these end up in the lap of the insurance industry? While such claims are likely subject to various HO-3 exclusions, depending on the specific circumstances of the claim, they may well trigger at least a duty to defend if the homeowner's policy includes "personal injury" coverage extending to libel, slander or defamation.
I have been wondering when sweeping changes in this regard would come. i have noticed some cases where policies are being revised for "physical" injury, where they used to be "personal" injury.
With my kindest regards,
Michael Roberts
Forensic Analyst and Internet Libel Litigation Support Consultant
www.Rexxfield.com
Please listen to my recent interview about internet libel: http://tinyurl.com/27jnuql
+1-408-916-5977
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