Call Us Today For A Free Quote | 866.940.1101
Professionals Insuring Professionals
 

In the case of Harleysville Insurance Company v Holding Funeral Home the Harleysville defense counsel (Defense Counsel) sent to the Holding Funeral Home Plaintiff Counsel (Plaintiff Counsel) certain documents on a thumb drive.  Defense Counsel subsequently found out that it had inadvertently included some files on the thumb drive subject to attorney-client privilege and requested that Plaintiff Counsel delete those files.  Plaintiff Counsel complied with this request.

Plaintiff Counsel later found that included on the thumb drive was a hyperlink to access an internet Box Set site.  The Box set site contained Harleysville’s entire claims file that was unprotected with no passwords on the files.  Defense Counsel after discovering the hyperlink, sought to prevent Plaintiff Counsel from using the information contained in the claims file.  As Defense Counsel claimed that it was protected privileged work subject to attorney-client privilege that was inadvertently given to Plaintiff Counsel.

The court decided that since the internet site was accessible to anyone that could come across this site on the internet that no attorney client privilege existed.  Here is a part of the court’s decision dealing with this matter:

Based on these facts, I find that Harleysville has waived any claim of attorney-client privilege with regard to the information posted to the Box Site. It has conceded that the Box Site was not password protected and that the information uploaded to this site was available for viewing by anyone, anywhere who was connected to the internet and happened upon the site by use of the hyperlink or otherwise. In essence, Harleysville has conceded that its actions were the cyber world equivalent of leaving its claims file on a bench in the public square and telling its counsel where they could find it. It is hard to image an act that would be more contrary to protecting the confidentiality of information than to post that information to the world wide web.

Hopefully Defense Counsel has good Attorney Malpractice Insurance.

To read the entire option click

Harleysville Insurance Company v Holding Funeral Home

Share |


No Comments


Post a Comment
Name
Required
E-Mail
Required (Not Displayed)
Comment
Required


All comments are moderated and stripped of HTML.
Submission Validation
Required
CAPTCHA
Change the CAPTCHA codeSpeak the CAPTCHA code
 
Enter the Validation Code from above.
NOTICE: This blog and website are made available by the publisher for educational and informational purposes only. It is not be used as a substitute for competent insurance, legal, or tax advice from a licensed professional in your state. By using this blog site you understand that there is no broker client relationship between you and the blog and website publisher.
Blog Archive


View Mobile Version
Quick Contact
Referrals
We love referrals! And thank you even more for your continued business.
Customer Service
Self policy service any time of the day, directly from our website.
Join Our Newsletter
Stay in touch with the latest events, news and offers we have.
From Our Blog From Our Customers
Read More Read More
Stay In Touch With Us Helpful Site Links Read the News
Sign up now to receive new and updates Stay up-to-date with the latest industry, community and agency news through our newscenter. We also provide handy hints on how to save on your insurance.

Read More
We have the expertise to find you the right coverage at the right price 
Powered by Insurance Website Builder