Would D&O insurance cover and the Board's attorney represent a Board spouse in a libel lawsuit

The "ex-"Board member is also listed as a defendant/respondent, but the spouse is the one who did the alleged libel action. How likely is it that D&O insurance would cover and the Board's attorney would represent a Board spouse in this libel lawsuit?

It would depend on the policy - get a copy and read it. As for the attorney, he or she represents the association, and since the spouse isn't a board member, she or he would have to get their own counsel.

With all these questions, I have to ask - what do you do with all this information?? Most of us on this website aren't attorneys and we certainly can't predict the future - why do you keep asking "how likely" is anything? Especially the legalese - some of it comes down to what the insurance says, if the parties go through arbitration, etc.

What Tim said.

I agree that you should check the policy, but it's pretty unlikely that a spouse's action would be covered unless the spouse has some official role in the HOA (eg. an officer). Otherwise the spouse of a board member has no authority to speak for the board or for the HOA, and the board member has no ability to control what another adult says or does unless something pretty unusual is going on.

Also, is the spouse even an owner in the HOA? I believe that Texas is one of those states where a person's name must be on the deed in order to be considered an owner - simply being legally married to the person whose name is on the deed is not enough.

This is an "Ex-board member"? It is their spouse who did the "libel"? Why would the HOA be involved in this at all unless it was the HOA suing the spouse for libel? If they are NOT on the board they don't get HOA attorney privileges. The HOA attorney isn't for the "Board" but for the entire HOA. Is the lawsuit being brought against the entire HOA?

Seems people are trying to put their own dramatic spin on the situation. First off we don't know if they did a "libel" act or not. Plus there would have to be proven damages by the act of "libel" to claim it. Say the "Libel spouse" bad mouthed the landscaping company. The landscaping company lost a contract due to the bad mouthing they did. That would be "damages" that one could sue for. The Landscaping company would probably start out suing the HOA as it was it's financial resource. However, it most likely would be found to be the "libel" spouse they would need to sue in court. The HOA would need to get the case thrown out on their end and put on the other party. Unless the person involved was a board member and/or is considered a member of the HOA. Most likely not unless name is on the Deed.

This is something to talk to a lawyer about. Which may actually be a criminal act and not civil. Something that needs to be looked at as well. Don't have the HOA jump in just because they think they have a role in the drama. That is waste of time and money, unless getting the right party sued.

With Shelia, why all these questions?? Is this about your HOA? Or a "friend's?" Are you even on the the board that you're discussing?

Why in the world do YOU think the spouse would be covered?