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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am an insurance agent in a small town. I took over a book

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I am an insurance agent in a small town. I took over a book of business after the previous agent passed away. His daughter was an employee. She moved on to a competitor in town four years ago. I have had several customers recently come in a state that she has said bad things about our office and myself. She has several policies with our office and recently called in to have them serviced. After an exchange with one of my team members where he tried to make light of a situation, I spoke with her. Her statement to me was "Tell him not to joke anymore, it is because of things like this that I speak badly about you." I don't know if there is any course of action in regards XXXXX XXXXX or defemation of character.

Thank you for your situation.

If she is speaking badly to customers about you, this is definitely a commercial defamation situation (depending on what she is saying).

Under Michigan law, Defamation is (1) a false and defamatory statement concerning the plaintiff; (2)an unprivileged publication to a third party; (3) fault amounting at least to negligence on the part of the publisher; and (4) either actionability of the statement irrespective of special harm (defamation per se) or the existence of actual harm caused by the publication.

So, the main issue in the claim will be proving that the statement was false, proving that it is the type of statement which hurts your reputation, and showing that it has caused you actual (i.e., economic) harm.

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