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Home insurers kick around cyberbully coverage

In recent years, a number of tragic cases have captured the public's attention in which teenagers committed suicide after being taunted, harassed or shamed, due to invasions of privacy on sites like Facebook , MySpace and YouTube.

If you have a teen or a college student who is fond of social networking, the rise of cyberbullying is enough to give you gray hair. But now there's another reason to fret over the rise of online intimidation: It could subject your family to expensive lawsuits. And incidents of cyberbullying may not be covered by your liability insurance.

Effective this fall, "cyberbullying" is an excluded offense under newly revised personal umbrella policy forms being filed nationwide by the American Association of Insurance Services (AAIS).

AAIS is an advisory group that supplies standardized policy forms to more than 700 insurance companies nationwide. In most states, the forms will be effective Oct. 1, 2011. AAIS is introducing the exclusion in response to reports of suicides by teens who were victimized by cyberbullying.

"The reports of suicides indicate that 'electronic aggression' could result in bodily injury claims, in addition to personal injury claims," says AAIS spokesman Joe Harrington.

AAIS uses the term "electronic aggression" because that's the term used by the Centers for Disease Control and Prevention to describe a new form of behavior linked to physical injury. The new AAIS Personal Umbrella base form specifies that Personal Umbrella Liability Coverage does not apply to bodily injury, personal injury, or property damage that arises out of electronic aggression.

Electronic aggression is defined by AAIS as "including but not limited to harassment or bullying committed by means of an electronic forum, including but not limited to a blog, an electronic bulletin board, an electronic chat room, a gripe site, a social networking site, a website, or a weblog; or by other electronic means, including but not limited to email, instant messaging, or text messaging."

Meanwhile, the Insurance Services Office (ISO), which also provides policy forms and endorsements to insurance companies nationwide, has taken a different approach than AAIS to the issue of cyber liability.

As of May 1st, ISO also addressed the issue of cyberbullying, even though the group didn't specifically use that language. Instead, ISO provided insurance companies with an optional home insurance endorsement that would provide customers with personal injury coverage within an aggregate limit.

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