9 Pages Posted: 10 Mar 2009 Last revised: 25 May 2014
Date Written: March 3, 2009
For professional "fact-gatherers" such as lawyers, insurance adjusters, claims handlers and private investigators, the vast wealth of information that people volunteer on Facebook can be a goldmine or a smoking gun, depending on your perspective. The personal information contained in a Facebook profile may be highly relevant to matters at issue in litigation; when dealing with claims, particularly in the personal injury context, the information contained on a Facebook page can make or break a case. It is therefore crucial that insurance professionals stay informed of new developments in this emerging area of law. This article summarizes the approach currently adopted by Canadian courts, including the February 2009 Ontario decision of Justice Brown, Leduc v. Roman.
Keywords: Leduc, Roman, Insurance, Civil, Litigation, Facebook, Myspace, Social Networking, Social Network, Webpage, Internet, Wall, Post, Email, Personal Information, injunction, court order, Privacy, Murphy, Perger, Disclosure, Production, Preservation, Profile, Lawyer
JEL Classification: G22, G20, K100, K10, K13, K19, K30, K39, K40, K41, K49
Suggested Citation: Suggested Citation
Pengelley, Pamela D., Fessing Up to Facebook: Recent Trends in the Use of Social Network Websites for Insurance Litigation (March 3, 2009). Available at SSRN: https://ssrn.com/abstract=1352670 or http://dx.doi.org/10.2139/ssrn.1352670