The online world has more pitfalls that the average Indiana Jones movie. Every word we say online can and will be used against us, but Web site designers donaEUR(TM)t give that familiar aEURoeMiranda warning.aEUR? A Web site has to have the sizzle as well as the steak to catch a consumeraEUR(TM)s attention, which can lead down the well-trod path from mere aEURoepuffingaEUR? to hyperbole to misrepresentation.
The case of the Providence partygoer
Web sites arenaEUR(TM)t private. TheyaEUR(TM)re available for everyone to see, and prosecutors, regulators, and plaintiffsaEUR(TM) lawyers know it.
Take, for example, the recent true story of a 20 year-old college student in Providence, Rhode Island, whom IaEUR(TM)ll call aEURoeJoshua,aEUR? that being his name. Joshua was charged with drunk driving after a crash that seriously injured a woman in the other car. Shortly afterward, Joshua went to a Halloween party, wearing a black-and-white striped shirt, partially covered by an orange jumpsuit, with the name "Jail Bird" prominently (and prophetically) displayed over his heart.
You can guess the rest. The photos appeared on FaceBook, a popular social networking site, and fell into the hands of Jay Sullivan, the prosecutor in charge of the DUI case against Joshua. Sullivan used the pictures at trial, arguing that Joshua was flaunting his felony while the injured woman lay in a hospital bed, having a fairly lousy Halloween. The trial judge called JoshuaaEUR(TM)s conduct aEURoedepraved,aEUR? and sentenced Joshua to two years in prison, where he wonaEUR(TM)t have to come up with a new Halloween costume idea.
Give aEURoepeaceaEUR? a rest
JoshuaaEUR(TM)s case holds a lesson for us all about the power of the Internet. When we post something about our businesses, especially on our own Web sites, weaEUR(TM)re telling the outside world who we are, what we stand for, and the promises that we pledge to keep. In insurance, the most overused phrase that coveys our commitment is aEURoepeace of mind.aEUR?
Try Googling the following: "insurance broker" Website "peace of mind". I did, and got 54,900 hits. Some of the specific sites that I was led to said (and I apologize to the reader if any of these are yours):
. aEURoeWe understand the vital role that insurance plays in providing you with financial security and peace of mind.aEUR?
. aEURoeCorporate Goal: Peace of Mind InsuranceaEUR?
. aEURoeThis partnership helps [us] provide 'Peace of Mind' to clients through the ability to offer a full range of financial planning, retirement, and executive deferred compensation plans.aEUR?
. aEURoeWe want you to have peace of mind, and know that we arenaEUR(TM)t satisfied until you are.aEUR?
. aEURoeFor all policyholders what youaEUR(TM)re probably after from your insurance provider is protection, security and above all peace of mind.aEUR?
. aEURoeI specialize in helping people save money and have peace of mind by providing quality benefits . . .aEUR?
. aEURoe[Travel insurance broker] is committed to bringing its English speaking clients total peace of mind, excellent coverage and superior service.aEUR?
. aEURoeAre you looking for Peace of Mind Insurance?aEUR?
. aEURoeBecause at [brokerage name] we believe insurance is all about peace of mind. Your peace of mind.aEUR?
Louis H. Castoria is the Assistant Managing Partner of the San Francisco office and heads all of its professional liability defense work. He is also a member of the firm's business practice, professional liability, legal malpractice and corporate/regulatory teams. He has extensive experience in defending professionals who rely heavily on electronic information systems, such as insurance agents and brokers, real estate brokers, accountants and investment advisors, and he defends professional organizations against employment-related claims. In addition, Louis' practice includes the areas of insurance coverage litigation, reinsurance disputes, as well as authoring insurance policies. Louis has lectured throughout the country on insurance, tort reform and technology issues. He is co-chair of the events committee of the Professional Liability Underwriting Society (PLUS) and of the PLUS Directors and Officers Liability Insurance Conference (WEST). Additionally, Louis is a contributor to Business Insurance, and an invited lecturer at seminars sponsored by legal and insurance industry groups, including PLUS, the California State Bar Association, Insurance Brokers and Agents of the West, Institute for International Research, American Conference Institute, Insurance Federation of New York and Pacific Claims Executive Association, among others.
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