Although claims based on libel or slander do not occur with great frequency in the insurance defense industry, defamation suits of this nature can be asserted against the insured. In some cases, the policy language may require indemnity and at a minimum, the defense of this type of claim. This is especially true if the defamation action is joined in the lawsuit with other causes of action which are covered under the policy. Kubicki Draper’s lawyers have the skill and experience to raise and apply the applicable defenses to a defamation action, including those related to the “truth” of the statement, defenses related to the public figure status of a Plaintiff, and defenses to the alleged damages sought as a result of the libel or slander. Our firm’s lawyers will raise timely affirmative defenses to defamation claims, differentiate the validity of the verbal or written statement and where applicable, file Motions for Summary Judgment to defeat the defamation action. A prompt and thorough evaluation will also allow the attorney to determine whether the insured faces exposure for damages under claims based on defamation per se. Kubicki Draper’s lawyers will utilize all necessary defenses, and will require Plaintiff’s counsel to prove all the necessary elements of defamation, including falsity, publication and damages.
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