(CN) – An insurance company might be able to use evidence from a woman’s Facebook account to contest her claim for uninsured motorist benefits, a New York appeals court ruled.
Kara McCann sued Harleysville Insurance Co. of New York for supplementary benefits after she suffered injuries in a car collision with Harleysville’s insured.
Harleysville asked Erie County Supreme Court to order McCann to produce photos and authorize her Facebook account information for proof that McCann suffered a serious injury.
After the lower court denied the request, the Rochester-based fourth department appellate division agreed that Harleysville was conducting a “fishing expedition.”
The appellate justices disagreed, however, with the supreme court’s decision to grant McCann a protective order to prevent future access to the account.
“Under the circumstances presented here, the court abused its discretion in prohibiting defendant from seeking disclosure of plaintiff’s Facebook account at a future date,” the justices wrote.