Legal Question in Civil Litigation in Texas

Is this libel or slander?
I recently cancelled a life insurance policy that my parents had taken on my behalf after I turned 18 naming themselves as the beneficiaries. For many years have I felt I felt that this policy did not reflect my interests or wishes. The first time I tried to cancel the policy by phone, the agent made false statements about the existence of this policy and told me to contacts my parents though paperwork states clearly that I am the owner. Further calls I made to the agent were ignored.

Recently, I made a written request to the agent that this policy be cancelled. In this letter I mentioned the first time I called and the false statements the agent made. I also wrote that I had sought legal counsel (untrue) to let the agent know that I would not be deterred this time. I called to follow up and the agent accused me of slander. The agent claims to be a non-practicing lawyer and that the statements I wrote about the agent denying the policy are slander (even though that is the honest truth about what the agent said).

I have never spoken or written to anyone about this situation. The letter was sent to the agent�s business fax (the agent has no staff) and not to anyone else. Is what I wrote slander (or libel)?

Asked on 5/16/07, 1:52 pm

2 Answers from Attorneys

Bobby Warren Patel & Warren, PLLC

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Re: Is this libel or slander?

It is probably neither. Unless the communication was sent to a third party, or placed somewhere that a third party could have reasonably seen it, then that communication fails the "publication" criteria to show a cause of action for libel.

I wouldn't worry about it much. It sounds like you just hurt the feelings of this agent and he lashed out with no intention of following up on the matter.

Answered on 5/16/07, 2:19 pm

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