This is my response (post 38 of this thread) to your previous post. I guess it got lost in all the discussions of fan clubs and such. The short answer to your last question is: Defamation and Invasion of Privacy. Here is the full text of post 38:
It is possible SJ and Stephenk we may not all be on the same page as to what I have been asserting.
I was speaking of SOME intentional torts, not all or any intentional tort. Perhaps I should have been clearer on that.
What I said was, “It is possible to “accidentally” commit an intentional tort...”
and, “...you can commit an intentional TORT (not an intentional ACT), by accident. An intentional tort does not have to be based upon an intentional ACT.”
and, “A person who does not recognize that duty, who is completely ignorant of it, could EASILY breach that duty without intending to harm anyone. I would call this an accident or an unintentional infliction of harm. A person who was aware of his duty but who really believed he was relaying true facts or who mistakenly relayed true facts but implicated the wrong person, has also unintentionally breached his duty.”
Although the above comments were written in the context of a discussion on defamation, I must admit that taken individually and out of that context, there was the potential for misunderstanding. My apologies.
OP’s situation involves defamation, not IIED. The IT’s I was referring to were the IT’s of defamation and invasion of privacy.
Although these torts are always listed as intentional torts, they are actually “hybrids” and “intention” is not an element of such torts unless the plaintiff is a public figure.
The case below does a good job of explaining the issue of insuring people for these torts, as well as explaining how someone might unintentionally commit the intentional tort of defamation.
http://laws.lp.findlaw.com/7th/002576.html
Starting around paragraph 9....
“...exclusion is not of intentional torts as such (nor is defamation an intentional tort in any simple sense), but of tortuous conduct in which there is an intent to injure or an expectation of injuring.”
“...defamation is often not intended or expected to injure anyone.”
“So intent to injure or expectation of injuring is not an element of the tort
of defamation...”
