Insurance Implications Of Online Terms And Conditions

Law360, New York (April 09, 2012, 4:17 PM ET) -- As you read this sentence, someone is accepting — without thought — online terms and conditions to purchase the latest version of Angry Birds. Online terms and conditions are not limited to $1.99 application purchases, however, and are increasingly incorporated by reference into a variety of contracts. Indeed, as a number of courts across the country are using traditional contract principles to enforce online terms and conditions incorporated by reference into contracts, there may be surprising effects on insurers.

Incorporation by Reference

Under standard contract principles,...
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