An insurance carrier that erroneously disclaimed coverage based upon a claimant’s purported lack of involvement in a motor vehicle accident is afforded a qualified privilege in an ensuing defamation action
Hame v Lawson, 2010 NY Slip Op 00811 (2d Dept. 2010) I appealed a similar type of defamation case last year. Horbul v Mercury Ins. Group, 64 Ad3d 282 (2d Dept. 2009). In Horbul, the Appellate Division observed the following: “The plaintiff alleged in the complaint that the defendants committed slander per se when they […]