Technology has improved many aspects of our lives, but one thingthat no one wants improved is bullying. Unfortunately, Facebook,Twitter and other social-media sites have helped the bullying of anindividual take on a whole new life of its own. Now a student canbe harassed not just on the playground at school but also virtuallyby students at other schools once the bully posts something on asocial-media site. This increases the possibility of emotionaldistress which, under certain circumstances, can be considered“bodily injury.”

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In insurance, bodily injury is defined as “bodily harm, sicknessor disease, including required care, loss of services and deaththat results.” So how can emotional distress be considered to bebodily injury? In and of itself, emotional distress is not sicknessor disease, and rarely does it cause death. However, emotionaldistress can manifest itself in physical ways, such as headaches,stomachaches and even vomiting.

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But once we have bodily injury covered, we still have the“intentional acts” exclusion. Here it is critical that the injurybe intended or expected—and that can be debatable when dealing withchildren, especially if they are younger. Does a student intend orexpect any physical ramifications by calling someone else “foureyes”? Probably not. And while bullying is meaner now, you stillhave the same issue as to what a bully intends or expects. He orshe may intend to hurt feelings but not have any idea that physicalsymptoms can result.

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This is a complicated issue that can't be totally covered in ablog, so here's a shameless plug: FC&S subscribers can visitwww.nationalunderwriterpc.comto view the in-depth article “Bullying, Sexting and LiabilityCoverage.”

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