Cyberbullying Insurance Coverage

As our 2021 school year is underway, we are fully engaged in the “new normal” of an educational system that is relying more heavily on virtual learning, connected devices provided to students in the classroom, and entrusting younger and younger students with access to the internet.

With increased virtual and online education, the on-going discussion surrounding cyberbullying is becoming a more important conversation to have in classrooms, administrative meetings, but also at home.

What if your child is implicated in a cyber bullying incident as the bully? Could you look to your Homeowners or Renters’ Insurance’s Personal Liability coverage to respond? Man using computer

It is without any question or debate that the concern must first be for the victims of cyberbullying or those victims of any form of bullying or harassment. The unfortunate reality is that in all these situations there is the bully and the parents and guardians of that bully that risk facing a potential lawsuit.

It is important that parents and guardians express to their children the harm and personal effects bullying can have, but also the permanent nature of online communication. What could be a playful jab on a group chat in the moment can be looked at very differently when read aloud months later in a legal deposition.

Insurance carriers are trying to respond in real time and update personal insurance policies as more claims data is available. While most Personal Injury Liability policies may include coverage for such claims, there is emerging language within policies excluding things like “electronic aggression.” In some instances, carriers are using the “expected or intended” exclusion as a reason for denying coverage.

The topic of bullying can elicit a lot of emotional response and therefore is often a difficult conversation to have. Although this blog does focus on the coverage implications of being implicated in such a claim, we felt it very important to provide resources to help in the prevention of cyberbullying and where to report it if you feel your child is a victim to cyberbullying.

In 2012, New York State Anti-Bully Laws and regulations adopted the following definition of bullying, harassment and cyberbullying:

“Harassment” and “bullying” shall mean the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; or (b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. Acts of harassment and bullying shall include, but not be limited to, those acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex. For the purposes of this definition the term “threats, intimidation or abuse” shall include verbal and non-verbal actions.

“Cyberbullying” shall mean harassment or bullying as defined in subdivision seven of this section, including paragraphs (a), (b), (c) and (d) of such subdivision, where such harassment or bullying occurs through any form of electronic communication.

Cyberbullying Insurance Coverage

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