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.

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.

Wisconsin Lawyer