Tuesday, November 24, 2009

Insurance Companies are Douche Bags!

http://www.law.com/jsp/article.jsp?id=1202435726187&Insurer_Must_Defend_Douche_Defamation_Suit__Judge_Says&hbxlogin=1


The link is to Law.com, (one of the great law blawgs), which reports this AM, about the insurance company that sought to avoid providing a defense to an insured, a business man who had called a rival businessman a "douche bag." 


The Court in holding that the insurer was on the hook for a "defense and coverage," held the expression, "douche" or "douche bag" to be an opinion not subject to being proved false and therefore actually not defamatory;  thus the remark is not an "intentional tort" excluded under the businessman's liability insurance policy. 


 See:  http://www.nylj.com/nylawyer/adgifs/decisions/112009gische.pdf

3 comments:

  1. wait--did someone actually sue someone else for calling him a douche bag? What a litigious douche bag.

    ReplyDelete
  2. Oh, trust me (never a trust a lawyer who says, "oh, trust me") we will continue our exploration of stupid lawsuits!

    ReplyDelete
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