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Fessing Up to Facebook: Recent Trends in the Use of Social Network Websites for Insurance Litigation

9 Pages Posted: 10 Mar 2009 Last revised: 25 May 2014

Pamela D. Pengelley

Cozen O'Connor

Date Written: March 3, 2009

Abstract

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

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

Pamela Pengelley (Contact Author)

Cozen O'Connor ( email )

1 Queen Street East, Suite 1920
Toronto, Ontario M5C2W5
Canada
416-361-3200 (Phone)
416-361-1405 (Fax)

HOME PAGE: http://www.cozen.com/attorney_detail.asp?d=1&atid=946

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