Is Online Defamation Covered Under Home Insurance?

As social media continues to be an integral part of how we communicate with one another, more cases sprout up regarding fraudulent or malicious claims posted online. 

As it lacks the human connection of a face-to face conversation with another person, it can be easy to feel like you are simply shouting into the void online, which can make you feel comfortable saying  whatever you please. 

While it’s best to practice restraint when posting online, we know that sometimes regrettable things are sent out about other people or organizations that cannot always be taken back through a simple deletion of a tweet. 

Whether you or your child posted something defamatory online, or have been defamed yourself, it’s important to know how your homeowners insurance covers cases of online defamation. 

At Berry Insurance, we’ve seen the good and bad sides that come with social media, and want to help you through your insurance options when dealing with slanderous online accusations or claims. In this article we’ll discuss what needs to be on your policy to protect you in cases of slander or libel and how you can go about filing a claim. 

How is online defamation covered by your homeowners policy? 

Before discussing cases of online defamation, let's review the major areas covered by standard homeowners insurance policies. 

Dwelling:

This section of the policy covers the actual structure of your home or property from damage. 

Other structures: 

This includes protections to structures in your yard not attached to your home, such as fences, garages, sheds, pools, and driveways. 

Personal property: 

This protects all the belongings that make up your home or yard. 

Loss of use:

If any damages leave you unable to stay at your home or require new clothes or food, your homeowners insurance will pay for any temporary lodging or needs for you and your family. 

Medical payments to others:

This section of your policy covers emergency medical expenses to others injured while on your property. 

Personal liability:

If someone gets injured while on your property and sues you for liability, any medical expenses or legal fees/settlements are covered. 

These standard coverages do not include protections against any form of libel or slander, as these are instead covered personal injury, which is an optional coverage that can be added to most homeowners policies. 

What is personal injury coverage?

Personal injury would cover the legal fees that come with libel, slander, or defamation lawsuits that may arise from online defamation. 

While an optional coverage that is not included in your standard homeowners coverage, personal injury coverage is easy to add on to a new or existing policy at a low price - usually only raising your current insurance premium by a few dollars. 

Beyond libel, slander, and defamation cases, personal injury also covers:

• False arrest, imprisonment or detention 
• Wrongful eviction or wrongful entry 
• Malicious prosecution 
• Other associated legal fees 

While providing you and your family protection during legal cases, it does not mean you should simply go around posting defamatory statements online. If you posted such statements online knowing their falsehood or that it would be illegal, you likely would not receive your insurance coverage. 

Some Insurance providers may offer specialized media liability insurance policies for frequent online publishers, but in most cases standard social media users would have enough coverage and protection through personal injury on your policy. 

What counts as online defamation?

In a world of online cyberbullying and frequent fraudulent claims, it can be difficult to discern what counts as defamation, and what is simply someone else's rude opinion. 

Online defamation may involve either written or spoken statements - libel being written deflation while slander is spoken. This can cover a wide range of social media platforms, such as a tweet or caption of an Instagram post, to fraudulent claims made in a TikTok or YouTube video. 

However, it is important to note that any statements made online that are clearly expressed as an opinion of the poster, cannot qualify under defamation. Defamation must involve statements that are conveyed to be factual. 

As with many libel and slander cases, it can vary from individual case to case and what state the proceedings are in. Cases can also vary if claims are made against public or private figures with actual malice, being anyone posting with reckless disregard of the truth. 

How to file a claim for online defamation:

If you find yourself in the middle of a defamation case, either against you or your family or from something you posted, there’s no need to panic! 

When going into any legal proceedings, you should call your insurance agent to begin the process of filing a claim for personal injury coverage. Then they can run you through the next steps. 

• After reporting your claim, the insurance company will provide an adjuster, who will contact you for information about your specific case
• The adjuster will investigate your claim and collect facts as well as estimating the cost to be issued out
• The insurance company will determine what to pay and issue the payment
• There may be some back and forth if the offended party does not accept the initial offer
• The insurance company closes the claim 

Depending on the case, the insurance company may choose to defend you in the case, rather than paying out right away. 

To learn more about filing a home insurance claim, check out this article: Everything You Need to Know About Filing a Home Insurance Claim.

Consider umbrella insurance:

If you’re looking for extended personal injury coverage on your policy, consider looking into all the benefits included with umbrella insurance policies to ensure you and your family are properly protected. 

Being smart online:

While it’s good to know you’re covered in situations regarding online defamation, we recommend being careful when posting statements online, as it can be difficult to truly delete anything online and you never know when it might get back to the other person or organization. 

If you already have personal injury on your policy, it’s important to know what other areas may be lacking from your current policy. For our top recommendations of things to add to your homeowners policy, check out this article: 5 Things that May be Missing from Your Home Insurance Policy.