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Online Social Networking, A Brave New World of Liability for Employers

Sep 21, 2010 11:16:16 PM ,

Lou D'Agostino, Principal

Employers can be held liable for the activities of employees under the common law doctrine of agencyrespondeat superior. This doctrine states that the superior (or “principal”) is held responsible for the acts of its subordinate (or “agent”). A company (the “principal” in this case) can be held liable for the actions of its employees and others deemed agents of the company, even if the agents are acting independently. This is called “vicarious liability.”

In this regard and for your reference, I have attached an article published by Swett & Crawford, one of the largest wholesalers in the U.S. with approximately $4billion in gross written premium. The article sites some of the inherent liabilities faced by employers in the face of the growing popularity of social networking.

Click the following link for Advisen Article. SocialNetworking, Brave new world of liability

The above post was written by Louis D'Agostino, Managing Partner of Iron Cove Partners, LLC an insurance broker HQ'd in NYC, with offices in LI and FL. Iron Cove Partners, LLC provides expert advice and counsel as it relates to Media Liability and other risk transfer insurance products for middle market businesses and high-net worth individuals. Mr. D'Agostino can be reached via email at louisd@ironcoveins.com.

Tags: insurance, Internet Professional Liability, Agency (law), Brave New World, Company, discrimination, Employment, Insurance Industry News, Law, Legal liability, Media Liability, media liability, social media, Social Media Liability, social networking, Swett & Crawford, United States

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Lou D'Agostino, Principal

Written by Lou D'Agostino, Principal

Lou D’Agostino is a dynamic senior insurance professional with nearly 17 years of experience in the financial services industry. He is presently serving as Principle of Iron Cove, a division of EPIC Brokers. In his current role, Mr. D’Agostino oversees a group of talented insurance professionals that offer a full suite of insurance products and consulting services to some of the nation’s wealthiest families/high net-worth clients and largest organizations. He is dedicated to business/new product development and large account placement, resulting in a proven track record of successful negotiation of even the most challenging of claims such as Madoff, investor litigation, and SEC/DOJ enforcement. As part of his work at Iron Cove, Mr. D’Agostino’s expertise has been called upon by a variety of industry trade groups. He has presented to the Financial Executives Alliance (FEA), the NYSSCPA, and other peer groups on a wide array of insurance related topics. He also presented at GAIMops, a leading financial services conference focusing on non-investment operations, on the topic of AIFMD and the associated insurance implications.

Iron Cove is a Division of EPIC Brokers and represents over 400+ Financial Institutions. With over 1500 Employees, 50 Offices in the US and over $500mm in annualized revenues, we currently rank as one the largest privately held insurance brokerages in the US. Iron Cove has been named Best US and Global Insurance Provider by Hedgeweek Two (2) years running.

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