In September 2010, a judge ordered a sheriff to remove links to his Twitter account from the department’s official Web site after an opponent in the sheriff’s race sued him for using public resources for political gain.

In August, Ocean Spray sued a competitor for “orchestrating a deceitful campaign” against it, claiming the competitor used various “deceptive tactics and media, including…Internet blogs and Web sites, Facebook accounts, YouTube videos and Twitter postings,” and making it appear information came from an independent, non-profit consumer advocacy group rather than the competitor itself.

And somewhere, sometime, maybe, a geo-mapping data provider was—or might be—sued by a homeowner claiming GPS units using the firm’s data caused cars to drive into his—or her—house. This account may or may not be true, despite being a subject rearing its head in insurance and legal discussions. A similar true suit against Google involves a pedestrian hit by a car who claims Google Maps supplied unsafe walking directions.

Such tales tend to get plaintiff lawyers salivating, risk managers shaking and underwriters taking notice.

“These are the kinds of situations none of us could have envisaged in the past,” says Tim Jaggs, London-based executive director, specialty casualty, for Towers Watson (Re)Insurance Brokers. “They reflect the continually shifting nature of the beast we’re dealing with, in terms of social media and related liability.” They’re also the kinds of situations a panel of experts will address at the upcoming Professional Liability Underwriting Society (PLUS) Annual Conference in San Antonio.

According to Jaggs, moderator of the session, which is titled, “Tweet This! Emerging Liability in the Age of Social Media,” one challenge panelists face is defining scope. “It’s such a fast growing area, people even have differing ideas on what social media means,” he explains. “We do know it means a great deal more than just Twitter and Facebook.”

The PLUS panel will present a matrix reflecting past, present and future views on three issues: social media, the law and insurance. Panelists come from legal, insurance, risk management and social media disciplines—and are building the session using social media tools.

Keeping issues in defined boxes may prove challenging. “The situation blurs when firms like Intuit host customer support communities for its financial and tax return products, allowing customers to contact each other when they have problems,” Jaggs notes. “Whilst Intuit provides the platform, they recognize the best people to sort out customers’ tax problems are other customers. But who’s liable?”

Addressing insurance issues may be tougher still. “Our industry is good at looking in the rear-view mirror to see where we’re going,” Jaggs explains. “But there’s nothing in that mirror here; there’s no understanding of frequency, severity or even where claims will come from.”

The panel will engage audience participants in the session’s search for appropriate insurance and risk management responses. “To try and deal with professional liability and media liability separately no longer seems to be valid,” Jaggs explains. “Carriers and brokers must respond creatively to both the form and content of the service delivery.”