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Defamation

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.

PRACTICE TEAM

Maegan Bridwell

Maegan Bridwell

  • Shareholder
  • Tampa
Alexandra C. Caraballo

Alexandra C. Caraballo

  • Associate
  • Miami
Jessica M. Del Sol

Jessica M. Del Sol

  • Associate
  • Miami
David M. Drahos

David M. Drahos

  • Shareholder
  • West Palm Beach
Jeffrey W. Fedna

Jeffrey W. Fedna

  • Associate
  • Miami
Blake H. Fiery

Blake H. Fiery

  • Shareholder
  • West Palm Beach
Katherine McGovern

Katherine McGovern

  • Shareholder
  • Ft. Lauderdale
Jessica M. Silva Vazquez

Jessica M. Silva Vazquez

  • Associate
  • West Palm Beach
Michael F. Suarez

Michael F. Suarez

  • Shareholder
  • Miami
Philip B. Wiseberg

Philip B. Wiseberg

  • Shareholder
  • West Palm Beach

Recent Posts

Defense Verdict in Veterinary Case

Michael Carney and Victoria Lopez of our Ft. Lauderdale office and Samuel Lea, of our Orlando office, secured a complete...

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...

Successful Defense of 57.105 Motion for Sanctions Following Contentious Evidentiary Hearing

Benjamin Cohen, of our Ft. Lauderdale office, was retained to defend a law firm and two of its attorneys, individually,...

Summary Judgment Granted in Defamation and Tortious Interference Case

Jennifer Remy-Estorino, of the Miami office, and Benjamin Cohen, of the Ft. Lauderdale office, obtained two final summary judgments in...

Favorable Coverage Opinion in Defamation Case

Sharon Degnan, of the Orlando office, and Melonie Bueno, of the West Palm Beach office, received an order from the...

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