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Coverage Question Series – Part 34
Post on December 21st, 2018
This is a continuing series in which we address policy coverage questions that we routinely discuss with you and your colleagues. The answers provided are based on the basic policy form, currently LPLP-1s (effective for all policies new or renewed as of May 1, 2018). Refer to your specific policy and any endorsements attached thereto that may change coverage or the answers provided here.

I was sued for libel arising out my statements I put on my firm’s blog, am I covered?

Yes, defense coverage is provided! You managed to outmaneuver and claim victory for your client in a hotly-contested matter. Using the information only available through the public record, and some liberal use of adjectives to describe the opposing party, you lay out the glory achieved for those ten readers of your law firm blog! Of course one of those ten readers happened to be the litigation’s loser. You find yourself the target of a libel lawsuit for ruining its reputation from the alleged misrepresentations in the blog post.


The allegations of libel fall within “Advertiser’s Liability,” as defined by the policy form. “Advertiser’s Liability” is defined to include the “publication of information that promotes the legal services that an Insured . . . can provide to clients or potential clients” and includes claims of libel, slander or defamation of character. OBLIC will defend “any “Claim” or suit seeking money damages arising out of “Advertiser’s Liability” in connection with the Insured’s advertising of legal services.” Section III. Defense and Settlement, LPLP-1s (05-2018).

Just wait until you win the libel lawsuit and have more material for your firm’s blog!


As you should expect, these Q&A scenarios are based on simple hypotheticals. Coverage determinations for an actual claim are ultimately based on the unique facts, applicable law, and the Terms, Conditions, Limitations, Exclusions, and Endorsements of your policy.
Please contact me at [email protected] if you have any questions!
Carl Marsh, Esq.
Claims Counsel