Using his office stationary, a doctor wrote letters complaining about lawyers threatening doctors with what he termed "unfounded malpractice suits." He was apparently prompted to do this after an attorney suggested the possibility of beginning a malpractice suit against him. The attorney in question had represented a patient of the doctor in a dispute over a bill for professional services.

The attorney filed a libel suit against the doctor, based on allegedly libelous letters. The doctor's personal umbrella liability insurer denied liability, stating that it was not obligated to defend or indemnify the doctor. A trial court, in a declaratory judgment, agreed with the insurer. The court concurred that the letters were of a business nature, having been written on stationary of the insured's professional corporation. The doctor appealed.

The appellate division of the New York Supreme Court disagreed with the lower court's decision. It found that the letter writing had nothing to do with the insured's practice of medicine. It said that he expressed strictly personal opinions as an individual, though they concerned problems in his profession. The lower court order was reversed and judgment was granted in favor of the insured. The insurance company was obligated to defend and/or indemnify the doctor in the libel suit.

Cooper, Appellant v. United States Fidelity & Guaranty Company, Respondent. New York Supreme Court, Appellate Division, Second Department. No. 180 E. June 8, 1981. CCH 1981 Fire and Casualty Cases 1317.