Legal Question in Business Law in Virginia

Liability Insurance for Website Business (sole proprietorship)

From a legal perspective, how should my general liability insurance be structured and what questions do I need to be sure to ask the insurance agent? Please see the following paragraph for background info on my business.

Background: I own a website as a sole proprietor. The website is informational with an advertising revenue model. The subject is the following: DC outdoor recreation ideas and volunteer/stewardship opportunities.


Asked on 2/08/09, 12:42 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Liability Insurance for Website Business (sole proprietorship)

Well, the most important things you need to confirm (and don't take double-talk, I mean CONFIRM and probably -- at a minimum -- put in writing to the agent / ins co. what your understanding is) is whether the policy covers what you THINK it covers.

Often people get burned because they think they know what they are covered for, but actually they are not covered for specific items.

You also have to pay attention to -- and truly understand -- (a) what your deductible / minimum loss will be including both PER EVENT and also CUMULATIVELY PER YEAR (or ever).

(b) What your maximum coverage will be both PER EVENT and also CUMULATIVELY PER YEAR (or ever).

(c) What does "per event" mean? For example, after 9/11, there was a huge legal battle over whether the destruction of the twin towers was 1 event or 2. If four people sue you for the SAME thing, is that 1 event or 4 separate events?

However, BEFORE you meet with him, you need to figure out what your possible risks are.

FOR WHAT could you potentially be sued?

You may need the assistance of a lawyer to consult with you on that.

Frankly, I cannot see your website being sued at all, at least not very likely.

But possible issues would be (1) copyright infringement for using someone else's material, (2) trademark infringement for using someone else's company name including using their logo or something confusingly similar to their logo (But don't jump to conclusions on any of this without a lot of detailed examination). (3) Defemation if you slander someone or their company, (4) Not paying your bills.

I suppose if someone advertises on your website, and burns a customer, they might sue you along with everyone else (VERY unikely, and it would probably be dismissed immediately as to you).

So you might make sure that you put a text label

--- Advertisement --

above advertisements to clearly signal to any consumers that you are NOT affiliated with the advertising company and not responsible if the advertiser rips off a consumer.

Frankly, I think you have a greater chance of being hit by a meteorite from outer space than being sued for a website about outdoor recreational ideas and volunteer opportunities.

I suppose you should add a disclaimer that outdoor activities can be risky and that viewers should proceed at their own risk.

Similarly, say that you have not personally investigated every volunteer organization and cannot guarantee that every person working there now or in the future will be safe or honest, but to the best of your knowledge they seem to be good.

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Answered on 2/08/09, 2:22 pm


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