Virginia Lawyers Weekly

Nationwide Mutual Insurance Co. has decided to settle rather than try to defend the accuracy of an adjuster’s statement that a prominent Richmond personal injury attorney “just takes people’s money.”

Jay Tronfeld sued after the adjuster also told the client that he could get more money dealing directly with him than he could by hiring Tronfeld.

The trial judge in Petersburg ruled that the adjuster’s comments were not defamatory because they were statements of opinion rather than fact and dismissed the case. However, the Supreme Court of Virginia reversed in November 2006 in Tronfeld v. Nationwide Mutual Insurance Co. (VLW 006-6-105).

The test for distinguishing fact from opinion in slander suits is whether the comment can be proved true or false, the court held. Tronfeld should have been allowed to attempt to show that he did not take money without providing services and that clients received more money when he represented them than what was offered by the adjuster, the court said.

David P. Baugh, Tronfeld’s attorney, said terms of the settlement are confidential. The case had been scheduled for trial last week.

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