Archive for the ‘Social Media’ Category

Social Media no Friend to Insurance Litigants

Tuesday, February 21st, 2012

In a recent interview with the Law Times, a leading Canadian Law publication, Roger Foisy warned that insurance companies are looking for evidence online – and in particular in social media platforms to dispute litigant claims. Online media in the form of a picture, video or text may conflict a claims or statement made by individuals on their insurance forms. The primary concern is when a one-time or exceptional event or activity is captured and then interpreted as a lifestyle choice or a reflection of normal abilities. This can cause significant complications for the claimant.

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Posted in Insurance Claims, Lawyer/Client Relations, Social Media | No Comments »

Social Media and Its Risks to Employers

Tuesday, November 29th, 2011

In a society where checking Facebook or accessing Twitter becomes a daily habit, it is safe to assume that employees visit these types of sites during work hours and on work designated devices, like smartphones or laptops. It is also safe to say that these social media outlets are used daily for the purpose of business.

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Preserving social media evidence without informing our clients. Is this where the law is headed?

Monday, October 17th, 2011

In today’s day and age, social network sites have become more prevalent in society, so much so that it now plays a part in court decisions. In a recent motor vehicle accident decision in Sparks v. Dube, [2011] N.B.J. No. 38, a New Brunswick court ordered the plaintiff’s lawyer to retain a non-party lawyer to secure potential evidence off of a social site that his client posted online. The decision also stipulated that this was to occur without informing the plaintiff lawyer’s client of the court’s decision.

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Facebook, YouTube, Twitter and other Social Networks – Risky Business?

Thursday, April 7th, 2011

When it comes to companies providing you with insurance, the job of the ‘underwriter’ is to assess the risk you present to the insurance company should they decide to insure you. Things like age, drinking, smoking, medical history, family history of medical issues etc… may be taken into consideration when determining how “risky” a client you may be. This also determines how much your insurance premiums will be.  Insurance companies at the end of the day are looking to make money and to do so means paying out the least amount of money possible.

These days, beyond the medical and application form/questionnaire, insurance companies are turning to social networks to obtain further information. Is your profile open for others to see? Do you post things like your interests in bungee jumping or sky diving? Do your pictures show you smoking when you told the insurance company you didn’t?  How about your latest “party” or “binge drinking episode”? Posting personal information on Facebook, YouTube, Flickr Linked-in, MySpace, Twitter or other social venues may provide the insurance company with additional information to determine you are a higher risk client than suggested by your medical exam or application.

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Posted in Insurance Coverage, Social Media | 1 Comment »

Personal Injury Law and Social Media

Saturday, July 31st, 2010

Beware personal injury and insurance clients when it comes to social media sites like FaceBook, MySpace,YouTube and many other sites which are popping up every day.

Posting personal information about yourself and your immediate family members including photographs or video can easily undermine plaintiffs’ lawsuits. Insurance companies and their investigators have become well versed in many techniques to weaken plaintiffs’ cases and social media has become a favourite investigative tool.

Ontario courts are more routinely ordering injured plaintiffs to produce their Facebook or other social media pages to insurance company lawyers. These courts have also recently admitted FaceBook pages into evidence.

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