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Vol. 73, No. 6, June 2000 |
![Legal News & Trends]()
Nominations open for Marygold Melli award
When you think of Wisconsin women who have made significant
advances in furthering the interests of women, the legal profession,
justice, and society as a whole, does anyone immediately come
to mind? The Legal Association for Women invites you to nominate
that individual for the 2000 Marygold Melli Achievement Award.
Presented annually since 1994, the award honors Wisconsin
women who have:
- made significant contributions to women in the law by advancing
the interests of women in the legal profession;
- promoted improvements in the administration of justice;
- promoted equality and social justice for all people; or
- improved relations between the legal profession and the public.
The award honors Marygold Melli, professor emerita at the
U.W. Law School, who managed a distinguished career at the school
while writing prolifically, doing extensive community and professional
service, and raising four children.
Previous award recipients include: Ruth B. Doyle, Mary Lou
Munts, Chief Justice Shirley Abrahamson, Hon. Barbara Crabb,
Diane Greenley, and Prof. June Weisberger.
For nomination forms and additional information, contact Eunice
Gibson at (608) 266-4511. The deadline for nominations is July
31, 2000.
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Figuratively Speaking
The annual cost of processing freedom of information requests
mushroomed from the $100,000 that The House Committee on Government
Operations projected in 1974 - when Congress passed the
Freedom of Information Act (FOIA) - to $52.8 million
in 1998. The number of requests made in 1998 was 181,338. Some
536 of the 872 people processing FOIA requests work full time
for the FBI.
Source: Wall Street Jounal, Jan. 3, 1995 (first item)
and the Department
of Justice Web site
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Bitten by the 'Love Bug'? Insurance may cover computer
virus losses
If a computer virus - like the recent "Love Bug"
and its variations - infects your computers, your insurance
may cover the damage. It depends largely on the policy's
language and the insurance company's attitude, says Douglas
P. Dehler, a partner and head of the Insurance Focus Group at
Michael Best & Friedrich LLP, Milwaukee.
"Attorneys and their clients should be aware that recovery
may be available under business insurance policies, which cover
property damage caused by a broad array of risks, typically including
vandalism and theft," he notes. "These policies often
provide business interruption coverage as well."
In the case of the "Love Bug," the first element
of the virus "vandalized" computers by deleting files
(notably JPEG graphics and MP2 and MP3 movie files), while the
second element "stole" confidential passwords, making
it possible for hackers to access infected computers in the future.
Some insurers specifically include money lost as a result
of computer viruses in their policies, while others cover such
losses although they don't explicitly cite them. But, notes
Dehler, "Other insurance companies may deny coverage on
the grounds that the virus did not cause physical loss or damage
to 'property' as defined in an insurance context. They
argue that computer files are intangible as opposed to tangible
property."
However, the word "property" usually is not defined
in insurance policies, according to Dehler. And, he says, "under
Wisconsin law, where an insurer uses an undefined word in its
insurance policy and that word has more than one reasonable meaning,
the word is interpreted by courts in a manner that favors the
policyholder."
Since many businesses and some - but not all - taxing
authorities consider computer files and data to be property,
it may be entirely reasonable to conclude they are property for
insurance purposes, Dehler asserts. Although, he adds, there
is a clearer case for coverage if other property also has been
damaged. For example, if computer hardware (rather than data)
is damaged, or if a client's inventory is spoiled because
an infected computer shut off the client's HVAC system.
Although some insurance policies exclude "the cost to
research, replace, or restore the information on valuable papers
and records, including those that exist on electronic or magnetic
media," Dehler notes that the "Love Bug" damaged
audio or video files, as opposed to "valuable papers and
records" such as contracts, articles of incorporation, and
so on. Other computer viruses, like the Michelangelo virus in
1981, damage computer hard drives.
In any case, Dehler advises virus victims to contact their
insurer promptly, as any delay in notification may jeopardize
coverage.
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