Our Insured was a national sporting association.  A claimant alleged via that an executive of the Association made defamatory remarks inferring and implying the claimant has misappropriated funds from one of the associations for which she was responsible.  These remarks were allegedly distributed widely to various other parties within the association.  The claimant sought compensation, an apology and retraction from the executive, and an undertaking that the executive will refrain from making such remarks or inferences in the future.  The claimant threatened defamation proceedings in the Supreme Court if the Insured did not comply with their request.

BIA instructed its panel lawyers to investigate and respond to the Concerns Notice and ensure the Insured complied with the fixed time limits and the format of the response as required under the Defamation Act.  Following their investigations, panel lawyers found there was sufficient basis to deny liability for alleged defamatory remarks and robustly responded to the allegations.  No further communication was received from the Claimant and the limitation period for defamation has since expired.

Costs associated with investigation and responding to the Concerns Notice were covered under the policy.