LIBEL AND SLANDER - PUBLICATION - COMMON INTEREST IN SUBJECT MATTER

Attorneys for plaintiff wrote a letter to a bus company claiming damages for an injury resulting from the negligence of the bus company. This letter was referred to the insurer of the bus company. Insurer, in reply, wrote a letter charging the plaintiff with an attempt to defraud, calling him a shyster lawyer, and making other disparaging remarks. Although intended for the bus company, this letter was inadvertently sent to plaintiff\u27s attorneys. In a libel action brought against the bus company and the insurance company, the defendants moved to dismiss, claiming that the communication was privileged. Held, between the defendants there was privilege, but the privilege did not extend to a communication sent to plaintiff\u27s attorneys. Love v. Commercial Casualty Ins. Co., (D. C. Miss. 1939) 26 F. Supp. 481