Comments on Chubb Insurance responds to denial of coverage for blogs | Real Lawyers Have Blogs http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/ I emailed the PR folks at Chubb Insurance the end of last week asking them to respond to Chubb's denial of malpractice coverage for law firms publishing blogs. I received a press release just now from Jodi Dorman, Chubb's Public... en-us Copyright 2010 Fri, 07 Mar 2008 09:18:52 -0800 Wed, 27 Jan 2010 17:23:23 -0800 http://www.movabletype.org/?v=3.34 http://blogs.law.harvard.edu/tech/rss trout@bretttrout.com (Brett Trout) I think Chubb is doing the right thing. Lawyers should not be offering advice on their blog (even if they do it on a blogger blawg ; ).

I appreciate the concern over chilling bloggers, but seasoned bloggers know the difference between information and advice. If Chubb ever tried to stretch the definitions to deny coverage, there would be a blogger backlash of epic proportions. Chubb is too smart for that; I would not worry.

]]> http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/#742374 http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/#742374 Wed, 04 Apr 2007 12:38:56 -0800 dpr@dunn-carney.com (David Rossmiller) "Advisory blogs?" What's that, a Dear Abby type of thing? What lawyer in his or her right mind is going to give it away for free on the internet? What's that lawyer's motto: "All the risk, none of the profit"? I'd like to know how many of these are supposedly out there, I've not run into any. Saying they are not going to insure advisory blogs is like saying they are not going to insure snowmobiles in Mississippi.

]]> http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/#742375 http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/#742375 Wed, 04 Apr 2007 14:53:27 -0800 SCartier_Liebel@comcast.net (Susan Cartier Liebel) I find their response extremely interesting. I have never heard of an 'advisory blog.' What it seems to me is that Chubb is creating their own definition of the blog they fear versus the reality of what a blog is. Any practice-area based blog is informational and I have yet to see a blog which advises unknown clients. There are blogs which can have a forum component providing give and take with the author but I have yet to see an author give 'advice' that establishes an attorney client relationship. But my best guess is the all important language in their letter which gives them the opportunity to review each blog on a case-by-case basis to determine insurability...it also allows them to determine where it falls on their pendulum of risk, minimal to maximal, and as to whether or not the blog author is complying with the current Rules governing advertising within their state with the disputed disclaimers and the current cases pending against this requirement, such as in New York. If attorneys are victorious in New York, can the insurance companies go in the back door and dictate compliance based upon their criteria or withhold insurance? Imagine the insurance companies dictating where and how big your disclaimer must be positioned on your blog? Quite frankly, it is the worst kind of fabrication and manipulation and attack against free speech in the name of 'risk' I have ever seen. And then take it a step further. You rebel, drop your insurance, but wait...you are in an state that requires malpractice insurance? What next...who you are permitted to take on as a client?

]]> http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/#742376 http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/#742376 Wed, 04 Apr 2007 15:52:51 -0800 rnigut@sullivan-ward.com (Rush Nigut) Chubb is trying to save face. The company realizes it made a mistake with its blanket denial and the press release is a way to say, "We really didn't mean we wouldn't cover law firms that have blogs . . . you must have misunderstood us."

]]> http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/#742377 http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/#742377 Wed, 04 Apr 2007 16:51:54 -0800 blog@TurkewitzLaw.com (Eric @ New York Personal Injury Law blog) Chubb's attempt to put blogs into categories is foolish and unworkable. I've responded at some length here: Chubb Insurance Trips Over Self In Trying To Regulate Law Blogs

Thanks Kevin, for the head's up.

]]> http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/#742378 http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/#742378 Thu, 05 Apr 2007 09:07:55 -0800 jenna.saint@gmail.com (Natural Male Enhancement) Thanks for very interesting article. btw. I really enjoyed reading all of your posts. It's interesting to read ideas, and observations from someone else's point of view… makes you think more.
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]]> http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/#960095 http://kevin.lexblog.com/2007/04/articles/blog-law-and-ethics/chubb-insurance-responds-to-denial-of-coverage-for-blogs/#960095 Fri, 07 Mar 2008 09:18:52 -0800