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Defamation/Slander Per Se Case Against Insurer Thrown Out By Court

Caryn Bellus, of our Miami office, obtained a dismissal with prejudice in a lawsuit filed against an automobile insurer. The lawsuit was brought by the attorney of an insured. The attorney alleged that the insurer and its claims adjuster had slandered and defamed him in a pre-suit reservation of rights letter sent to the insured, wherein the insurer advised the insured that the attorney had not provided various types of documentation to support the insured’s claim. Caryn successfully moved to dismiss the lawsuit.  Such dismissals are no easy feat as the court’s standard of review on motions to dismiss is considerably high, giving much latitude to the plaintiff.

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