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If You Post It, Your Opponent Can Probably Discover It

In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss.  A picture is literally worth a thousand words.  Earlier this month, a Florida court explained that such material is also discoverable – even in situations where the policyholder employs privacy settings that prevent the general public from having access to his or her account – because the user’s privacy interest in such a site is “minimal, if any.”  Nucci v. Target Corp., – So.3d –, 2015 WL 71726, 2015 Fla. App. LEXIS 153 (Fla.Dist.Ct.App., Jan. 7, 2015) involved a slip-and-fall, but it applies with equal force to discovery in a first-party matter. Maria Nucci filed a

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Posted in Discovery, Investigation, Reasonable Expectations

Social Media — The Possibilities Are Endless!

Facebook.  Instagram.  YouTube.  Twitter.  LinkedIn.  SnapChat.  Flickr.  Google+.  Tumblr.   WeChat.  MySpace.  WhatsApp.  Reddit.  The list of social media and networking sites goes on and on.  It’s fairly common knowledge these days that a defendant can use social media and networking sites such as those  to investigate personal injury claimants.  In addition, more and more companies are using these types of sources to research potential employees.  You may be surprised to learn, however, that social media can be an extremely useful tool for the investigation of property damage and business interruption losses. Consider some scenarios: An insured submits a claim for damage to a roof, asserting that it was the result  of a recent storm.  However, using the “Historical Imagery” capability

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Posted in Investigation
About The Property Insurance Law Observer
For more than four decades, Cozen O’Connor has represented all types of property insurers in jurisdictions throughout the United States, and it is dedicated to keeping its clients abreast of developments that impact the insurance industry. The Property Insurance Law Observer will survey court decisions, enacted or proposed legislation, and regulatory activities from all 50 states. We will also include commentary on current issues and developing trends of interest to first-party insurers.
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