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Last Post 06/24/2009 12:25 AM by  HuskerCat
Confidentiality and Copyright
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ChuckDeaton
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05/31/2009 10:34 PM
    I really don't know how to phrase this question, so here's the story. I put a confidentiality disclaimer and a blurb about copyright on the bottom of my emails. The recipient sends me a response and copies three others, this violates the confidentiality that I requested and may violate the copyright, if any.
     
    I am interested in the communities thoughts on the matter.
    "Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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    JimGary
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    06/01/2009 8:41 AM
    I do not believe there is a real expectation of privacy over the internet. If you truly have a copyright on your emails, you may have a case if the recipient actually profited from redistributing the email.

    Now, if you are seeking legal opinions from adjusters on a message board, well thats a whole different issue.
    JWG
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    Ol' Ghost
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    06/01/2009 9:14 AM
    SUE 'EM!!! Sue the S--T outta of 'em all! Sue 'em so hard they will never have to buy toilet paper again. All of the mistresses and boy toys belonging to the American jurisprudence community need a new Lexus and Lord knows they have earned it. Without your hiring the most expensive legal partnership in the Good Ol USA, those poor love toys will be forced to endure yet another summer season driving around in Pacers and Chevettes with broken down air conditioners.

    So, please, for their sake alone, give the local bar association some job security.

    Ol' Ghost
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    ChuckDeaton
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    06/01/2009 7:20 PM
    No, I am not seeking legal opinions from adjusters, but intelligent discourse is what this board is all about. My thought is that if I send you a letter and ask that you keep the contents confidential and you do not then I may possibly seek an injunction, maybe if I can show damage I might sue to recover those damages.

    How is email using the Internet different from sending a letter using the USPS?

    If nothing else forwarding an email after I have clearly asked that it not be shared is a breach of trust and just bad manners.
    "Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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    Ol' Ghost
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    06/01/2009 9:37 PM
    That's right, Chuck! I am discoursing intelligently to vociferously urge you hire the the most expensive law firm in the western hemisphere and go for the gold. Then after the settlement has been disbursed and the lawyers girl friends have their new cars, you can buy pizza for your friends who encouraged you. Yes, I know, after the pizza nothing will be left over. But, it was a good pizza.

    Ol' Ghost
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    Joeblack
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    06/01/2009 11:22 PM
    Check out this link for a quick discussion about copyrights. Particularly points 10 & 11. This article also briefly discusses the confidentiality of emails. Interesting stuff, but I still don't know how it would apply to your situation.

    http://www.templetons.com/brad/copymyths.html
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    HuskerCat
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    06/01/2009 11:37 PM
    Not sure what you are talking about, but what does Blondie have to say about you using her lyrics on all your posts? 
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    sbeau4014
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    06/02/2009 4:24 PM
    My thoughts on the subject Chuck is that you don't have much to stand on.  As for confidentiality, you asked for it, but I son't see how the other party is bound by your request unless they signed something that contained a confidentiality agreement.  As for the other party sending on the email information or using it, how I see it, once that email reaches them, it becomes their property to do with it as they see fit.
     
    As to the copyright argument, I don't have a clue.  I think it you claimed copyright to the item, I would think that if the other party used the information for profit, there could be a course of action against them.
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    ChuckDeaton
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    06/02/2009 7:58 PM
    Thanks JoeBlack, informative stuff.

    HuskerCat, I can truthfully say that I never really thought about confidentiality and copyright issues until recently. I just like Debrorah Harry, Blondie and the song, almost as much as I like her live rendition of an old Johnny Cash/June Carter song call "Ring of Fire".

    We were not paid a fee on a claim which was copyrighted (the paper work was marked) and made the point, that lead to thinking about communication (email) and the eventual use.

    As is pointed out by Ray Hall, the Ike mess in Texas created a situation never before seen in insurance adjusting. We are attempting to change with the times.

    Another poster says that he was not paid for claims handled through a vendor for TWIA, would it have helped his situation if he had marked his claims as being copyrighted and asked that the information be kept confidential?

    This is an occurrence that we are all going to have to address if we continue to work hurricane claims in this society.

    "Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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    HuskerCat
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    06/02/2009 11:55 PM
    That surprises me Chuck that you say there was an Ike mess like none other.  I was working inside, all commercial, never an issue, never a problem...other than a couple bad apples in the tree that I just had to replace with better apples.  I really thought Ike was a piece of cake compared to Katrina/Rita/Wilma, because we could be so proactive vs reactive.  Might have been a carrier issue though, too.  I don't know who you were working with/for.
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    ChuckDeaton
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    06/04/2009 10:09 AM
    Somehow this thread has taken a left turn and is not on my original subject.

    Most likely, HuskerCat, you worked on a day rate and handled the smaller claims and were not involved in large commercial or litigated claims, probably nothing off-shore, and were not involved with large self insureds, SIR's and the London or excess markets who are, at this writing, involved with litigated claims. Many claims resulting from the 2004, 2005 and 2008 seasons remain in litigation.

    Actually a percentage of the claims you handled could be in litigation and you not be aware as it is my guess that you have, long since, gone home and are no longer involved.
    "Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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    HuskerCat
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    06/05/2009 2:35 AM
    Posted By ChuckDeaton on 04 Jun 2009 10:09 AM
    Somehow this thread has taken a left turn and is not on my original subject.

    Most likely, HuskerCat, you worked on a day rate and handled the smaller claims and were not involved in large commercial or litigated claims, probably nothing off-shore, and were not involved with large self insureds, SIR's and the London or excess markets who are, at this writing, involved with litigated claims. Many claims resulting from the 2004, 2005 and 2008 seasons remain in litigation.

    Actually a percentage of the claims you handled could be in litigation and you not be aware as it is my guess that you have, long since, gone home and are no longer involved.
    You are correct  on most fronts, Chuck.  I worked a day rate, but did work losses that ranged into 7 figures.  Can't imagine a single loss from my desk that will go to litigation from Ike.  Had 85% closure after 90 days, with the usual loose ends on some of the bigger ones but no real issues.  That's what I found curious about your prior post about losses from Ike being "a situation never seen before".  I'd like to know what Ike presented that Katrina did not, other than from specific carrier  issues that might be at the crux of your viewpoint.  There's always that feisty insured to factor in too, regardless of the magnitude of the storm. 
    Maybe you need to choose and train your inside examiner more carefully!!

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    Roy Estes
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    06/19/2009 9:39 AM
    Posted By ChuckDeaton on 01 Jun 2009 07:20 PM
    No, I am not seeking legal opinions from adjusters, but intelligent discourse is what this board is all about. My thought is that if I send you a letter and ask that you keep the contents confidential and you do not then I may possibly seek an injunction, maybe if I can show damage I might sue to recover those damages.

    How is email using the Internet different from sending a letter using the USPS?

    If nothing else forwarding an email after I have clearly asked that it not be shared is a breach of trust and just bad manners.


    Chuck Id say if your not OK with anyone forwarding your emails, I would definately say something to the people who forwarded. I would hit it head on, I know the sensitive nature of some things you send over email.
    "Each of us as human beings has a responsibility to reach out to help our brothers and sisters affected by disasters. One day it may be us or our loved ones needing someone to reach out and help." RC ESTES
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    katadj
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    06/19/2009 11:11 PM
    IMHO,

    Anyone who breaches another 's confidence, be it via verbal or written word, is one who cannot be trusted,
    and no matter the relationship, or necessity of the communication, once having breached that implicit confidence
    by any method, relegates the individual to a less than honorable person.

    With respect to copyright's, the USA is signatory to the international "Berne Agreement" that spells out exactly what can and what cannot be
    issued a copyright.

    Your work product falls into the cataglory of permissible copywriting, however the internet is a matter of public domaine
    and whatever is on it , unless specifically copy written is fair game.
    "Anyone who has never made a mistake has never tried anything new... Albert Einstein"
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    HuskerCat
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    06/23/2009 3:32 AM
    Chuck, I see that I received an email in my spam chamber a few days ago that said it was from ChukDeaton.  It has an attachment (which I will not open), and also indicates that it is from "Tagged Inc" out of San Fran, CA.
     
    Have you had any other folks mention this to you?  I can forward that email to you if you'd like to see it, but your profile doesn't have your address.
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    ChuckDeaton
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    06/23/2009 9:02 AM
    HuskerCat, just ignore it. It was sent to me and I opened it and it sent itself to my contacts. I don't know how it got to you.
    "Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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    HuskerCat
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    06/24/2009 12:25 AM
    Just as I figured.  Somebody took your name from the site, altered the spelling, and did a little marketing or whatever.  Take that as a compliment, I guess...you must be a person of influence!! 
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