E-Coverage Guide
本书探讨保险业如何应对快速变化的网络世界，分析第三方和第一方责任风险，并揭示保险公司在承保电子风险时面临的困境。
e-Coverage Guide, Leo L. Clarke, Esq., and Martin C. Loesch, Esq., 2000, Cincinnati, Ohio: The National Underwriter Company e-Coverage Guide is attempt to make sense of the rapidly changing world of technology and how the insurance industry can best serve it. The book is divided into four parts. Part one looks at the current condition of the marketplace and the insurance industry's innovations (and, the authors would argue, lethargy) with regard to e-risks. Part two looks at the risks and coverages that arise from liabilities to third parties. Part three shares a similar approach and looks at liabilities for first-party losses. Part four looks at e-coverage markets and shows the dilemma insurers have in underwriting e-risks. Early in the text, the authors deal with the reluctance of insurers to move into this market. They attribute this to two major reasons. One is that insurers like to deal with the tangible. The data and information spinning around in cyberspace is not palatable to insurers because it is so intangible. The Internet makes it very easy to gather, store, and manipulate information. As more and more people become involved in the online economy, large amounts of very private data are being gathered and stored. The authors note that this creates huge privacy concerns as the data are not being stored in traditional locked bank vaults, but that they are available to many outside threats from hackers. The other reason is that this market does not fit traditional models. Actuaries and underwriters have traditionally used tables and charts created from historical information to analyze and price risks (predicting future performance based on the past). This situation does not exist in the e-coverage arena because there is no past to analyze and the future is constantly changing as new technological advances are made. Part two begins by looking at the liability risks of IT consultants and service providers. Chapter 4 examines the types of claims that have been brought so far against IT professionals. They range from claims brought because a system or program produced the wrong results to the selection of the wrong technology to conflict of interest and intentional acts. Chapter 5 deals with intellectual property infringement. The authors provide a good background looking at official definitions and examples of case law for patents, trademarks, and trade secret protection. They also offer interesting note by looking at the CGL's coverage for personal and advertising injury. While the coverage language is straightforward, exclusion exists for an offense committed by insured whose business is advertising, broadcasting, publishing, or telecasting. The interesting discussion centers on how this exclusion will affect insured who is engaged in sales over the Web or who merely maintains informational Web site-- the argument being that any Web site is in essence advertisement. …