No Laughing Matter - You May Want Malpractice Insurance

11 replies
I have been reading probably way too much on the crap going on with websites, reviews, and marketing practices. One of them, Astroturfing was talked about if memory serves by Rus. He gave us a link to a ppt and part of that ppt said:

Astroturfing occurs when an organization or individual presents information or opinions on a subject without disclosing that they have been reimbursed for their statements in an intentional effort to give the appearance of an organic source.
Astroturfing is intended to give the statements the credibility of an independent entity, by withholding information about the source's financial connection.

The FTC has jurisdiction over Astroturfing as part of its charter to regulate "unfair or deceptive acts or practices in or effecting commerce


I posted a thread about yelp at:

http://www.warriorforum.com/offline-...ring-help.html

naming a major newsletter saying they didn't think too much of Yelp. Yelp hasn't helped itself with their current tactics still causing a stir in the hinterland.

If you live in the U.S. you now are forced to buy a health ins policy so don't say the gov't can't do that because they can. According to Justice Roberts all they have to do is call it a tax and bingo dingo you are now mandated to buy it.

I could go on w/the negatives but no need. I think you get the idea. Here is the short of what I am thinking. If you have heard of malpractice insurance you'll grasp my concept. If you haven't I predict you will in the next two years because of the FTC and their jurisdiction over something called Unfair and Deceptive Acts and Practices (UDAP).

BTW, they get to define UDAP and freeze all of your accounts while they investigate. How do I know? I had a friend accused and everything he had was immediately frozen. His bank accounts were confiscated too. They play hardball.

Since our partners just bought an insurance company and we are experienced in the world of commercial insurance I have put a preliminary proposal in front of the board to consider writing - I'll just call it Internet insurance. The idea underlying this insurance policy is the same as malpractice or Erros and Omissions insurance.

You see in this increasingly litigious world, some web designer, rep mgt specialist, SEO whiz bang, etc will find himself in court. I don't know if you've ever been in court but they don't go by the law. They go by procedure. I know that from real life experience.

I hope you win but if you don't, oops, you have to write a check. That's where the Internet insurance would enter the picture. BTW, who on this forum would be ripe for a suit?

I'd suggest wandering over to the WSO pages. Read some of those claims. If they were made by a securities licensed person, that person would lose his license and be barred from ever selling securities. I don't think that day is too far off in the Internet world. The FTC could UDAP quite a few of those babies in an instant.

If you doubt me, remember what they said about the social security number. It would NEVER be used as identification and they even printed that on the SS card. Those words ain't on the card today and try to get your electricity or phone turned on w/o giving it.

Anyway, that was a lot of wind just to ask for your opinions. As far as I know we would be the only company providing this kind of coverage so tell me what you think.

I don't even mind if you laugh out loud as I think I will have the last laugh. Also, if you bought such a policy, what dollar size premium would you expect to pay for what amount of coverage?

Mind you, I didn't talk about bonding aove but that is also on the table. OK, let me know what you think.

Thank you,

Tom
#insurance #laughing #malpractice #matter
  • Profile picture of the author vndnbrgj
    Are you saying this is needed in addition to General Liability and an E & 0 Policy?

    Because that would make my day. Just what I need... another insurance policy.
    Signature
    Life Begins At The End Of Your Comfort Zone
    - Neale Donald Wilson -
    {{ DiscussionBoard.errors[7151921].message }}
    • Profile picture of the author sandalwood
      Originally Posted by vndnbrgj View Post

      Are you saying this is needed in addition to General Liability and an E & 0 Policy?

      Because that would make my day. Just what I need... another insurance policy.
      In one word, yes. Again, I am basing my thoughts on what I am reading in the financial press and the few law oriented (loose term) sites I visit. Being a partner in the new firm offers me an opportunity to expand my horizon. I think we can combine the GL and E&O in one policy but that won't happen early on. The reason is simply the reserves necessary to write the coverage.

      BTW, if anyone is an employer with 2 or more employess and they may want to have an evergreen funding mechanism for their pension plan they should consider giving their employees a low face value term life policy.

      I won't go into the details but it is a proposal we will be putting in front of our state in the next few months.

      Tom
      Signature
      Get 30% or More Retirement Income If you are serious about your retirement, you'll love this product.

      The Money Ferret Finance Article Directory
      {{ DiscussionBoard.errors[7151982].message }}
  • Profile picture of the author SJJPFTW
    Meh.

    The words "Past Performance is Not a Guarantee of Future Returns" somewhere in any sales letter or contract fix that problem.
    Signature

    If you want to learn more about making money with small business owners for FREE click here to be notified when review copies of my new offline course are available.

    Please remember if something I do helps you, the thanks button helps me :-) ------------------>

    {{ DiscussionBoard.errors[7152126].message }}
    • Profile picture of the author sandalwood
      Originally Posted by SJJPFTW View Post

      Meh.

      The words "Past Performance is Not a Guarantee of Future Returns" somewhere in any sales letter or contract fix that problem.
      Obviously you haven't dealt with the U.S. agencies. If that was the case, there would be no such thing as malpractice insurance as after all past performance is not a guarantee of future returns. I'm sure the widow would be completely mollified and go home quietly.

      But, I did ask for feedback.

      Tom
      Signature
      Get 30% or More Retirement Income If you are serious about your retirement, you'll love this product.

      The Money Ferret Finance Article Directory
      {{ DiscussionBoard.errors[7152172].message }}
  • Profile picture of the author abbeynism
    Can I get this more info in a lanes man way?
    {{ DiscussionBoard.errors[7152205].message }}
    • Profile picture of the author sandalwood
      The Author Of The 'Rich Dad, Poor Dad' Books Has Filed For Chapter 7 Bankruptcy

      Those headlines appeared today on Yahoo. Want to bet he put in a disclaimer that said past performance doesn't guarantee anything.

      Oops, he forgot to pay his booking agent. But wait, he put in a disclaimer and the court still ruled against him. Gosh...

      Tom
      Signature
      Get 30% or More Retirement Income If you are serious about your retirement, you'll love this product.

      The Money Ferret Finance Article Directory
      {{ DiscussionBoard.errors[7152222].message }}
      • Profile picture of the author wagsgraphx
        Also another reason to set up an LLC or incorporate, and not do business as a DBA.

        I am not a lawyer nor do I play one on TV.
        Signature

        "Money is better than poverty, if only for financial reasons." Woody Allen

        Help People Save money while your Earn money. Just giveaway our discount cards.
        www.caprxprogram.info/ew

        {{ DiscussionBoard.errors[7152433].message }}
  • Profile picture of the author SJJPFTW
    Your right I live in Australia..maybe I am missing the connection but I fail to see how a marketing service or WSO creates a widow?

    As for provision of services I'm pretty sure that is why we all use contracts, to protect BOTH parties.

    I have been in court due to business deals going south, so I am aware of the lawsuit loving society we live in, however I am not connecting the dots between WSos, marketers, internet insurance and Rich Dad Poor Dad?

    Also as an insurance specialist you would know that malpractice insurance will NOT protect you if you knowingly provide false information or claim inaccurate returns so your representation that people selling dodgy services need insurance falls flat, as they would never be covered in the first place.
    Signature

    If you want to learn more about making money with small business owners for FREE click here to be notified when review copies of my new offline course are available.

    Please remember if something I do helps you, the thanks button helps me :-) ------------------>

    {{ DiscussionBoard.errors[7152436].message }}
    • Profile picture of the author sandalwood
      Originally Posted by SJJPFTW View Post

      Your right I live in Australia..maybe I am missing the connection but I fail to see how a marketing service or WSO creates a widow?

      As for provision of services I'm pretty sure that is why we all use contracts, to protect BOTH parties.

      I have been in court due to business deals going south, so I am aware of the lawsuit loving society we live in, however I am not connecting the dots between WSos, marketers, internet insurance and Rich Dad Poor Dad?

      Also as an insurance specialist you would know that malpractice insurance will NOT protect you if you knowingly provide false information or claim inaccurate returns so your representation that people selling dodgy services need insurance falls flat, as they would never be covered in the first place.
      I agree with everything you say and you can still end up in court. A suggestion would be to look up the UDAP I referenced. When you read it you will connect the dots.

      Contracts are wonderful and should work until you end up in front of the black robed terrorist and he or she decides it didn't mean what you said it meant. Been there done that and saw it all unfold before my very eyes.

      Other than that, got to get to Dulwich Hill to see my friend. He's been here twice and I haven't been there once. I'm told Sydney is a great place.

      Tom
      Signature
      Get 30% or More Retirement Income If you are serious about your retirement, you'll love this product.

      The Money Ferret Finance Article Directory
      {{ DiscussionBoard.errors[7152482].message }}
      • Profile picture of the author farahR
        So how did the term "Astroturfing" get associated with this? Somebody failed to disclose that the grass is fake? LOL
        {{ DiscussionBoard.errors[7270627].message }}
  • Profile picture of the author debml
    Interesting idea. As I'm sure you know, copyright infringement is a problematic issue regarding which policy would provide coverage - CGL or E&O. Your idea could alleviate a potential huge gap in coverage.

    Big concern I see is standard intentional acts exclusion... examples you site could easily be defined as intentional acts and be excluded by a policy with an intentional acts exclusion.
    {{ DiscussionBoard.errors[7270759].message }}

Trending Topics