Defamation Case Allowed to Proceed

Ben Glass

Attorney
(866) 735-1102 Ext 320

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The Supreme Court of Virginia has held that statements made about a Virginia personal injury attorney by a Nationwide claims adjuster were not mere opinions and do support a cause of action against the claims adjuster, and Nationwide Insurance, for defamation.

According to the published opinion by the Supreme Court of Virginia, a personal injury victim met with Todd Schmitt, a Nationwide claims adjuster, to discuss his personal injury claim. The discussed whether or not the claimant should hire an attorney to represent him. According to the opinion, the adjuster said:

(1) That [name of attorney] just takes people's money.

(2) That clients of [the attorney] would receive more money [for their claims] if they had not hired [the attorney] and dealt with the adjuster directly.

The Supreme Court held that because statements could be proven true or false, and because, if false they could prejudice the attorney in his profession, the attorney could continue his defamation lawsuit.