Ask ERIE: I sometimes critical after online products and services. Am I covered under my homeowners or renters policy if someone accused of defamation?
From website that collects reviews like Yelp to websites of retailers that regularly seek reviews of products on social media sites like Facebook ® , the comments online have exploded in popularity. No matter whether it's a massage, a restaurant meal or a new car, there is no shortage of places in the digital world where you can share your opinions.
However, a potential consequence of posting a negative review can be a charge of defamation. Libel is a false statement that is negative in nature and can give others a negative impression of a person, company or organization.
The question is more new awareness that non-disparagement clauses are becoming more frequent. These contractual clauses allow business owners to retaliate against people who post negative comments online about their company. As this clip Today illustrates, some companies have even accused those responsible of negative comments online.
Many business owners and renters policies provide coverage for defamation. Yet if this coverage is based on the circumstances of each case. (For example, policies often exclude statements that are knowingly or intentionally false.) The statements made in the context of a continuation of the company are also often excluded from the scope of a personal policy, but coverage may be available under a commercial policy.
An insurer will also consider when the statement was made. Statements made before the policy took effect are almost always excluded from coverage.
"Because of the explosion of social media, there are many more possibilities of" bad "someone ever before," said Terry McConnell, Vice President, Personal Lines Underwriting at Erie Insurance. "Yet with such comments on social media, there may be a higher level of tolerance before someone can be considered quite difficult to accuse someone of defamation."
More on defamation in coverage by speaking with a professional insurance as an Erie Insurance Agent.
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