Technology allows people access to information and each other like never before. As technology improves, the ability to share information becomes easier. Unfortunately, our children are ahead of us in how to use this technology.
Sexting, the dissemination of inappropriate material or images via text message or other technology, is a growing issue. Almost one-fifth of the teenage population admits to this practice. Serious consequences arise from this, particularly if the sharing goes further than what was intended.
While there are few reported civil cases regarding “sexting,” the harm caused will certainly result in insurance claims and lawsuits. Several policy provisions need examined in order to determine coverage.
First, is “sexting” an “occurrence?” Next, has the claimant suffered “bodily injury?” Is the “personal injury” coverage triggered as an invasion of privacy or some sort of injury to reputation or character? Finally, does the intentional act exclusion bar coverage to the person sharing the information or image?
The homeowners claim will require extensive investigation, including interviews with upset parents and children. Law enforcement and school officials may also be involved. Possession of the inappropriate content, even as part of a claims investigation, may create complications for the claims professional, too. Be sure to get the advice of counsel on all the potential pitfalls surrounding your investigation to protect you, your insured and any of your insured’s family as the situation unfolds.