EVIDENCE REQUIRED TO SUPPORT MALICIOUS PROSECUTION AGAINST POLICE
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Vicki Davis and Robin Trawick filed suit against Defendants State Farm Fire and Casualty Company (“State Farm”), Don Allen, and the Georgia Office of Insurance and Safety Fire Commissioner (“OCI”) because they were arrested for insurance fraud which charges were later dismissed. Defendants Allen and OCI moved the court to dismiss the malicious prosecution action in Vicki H. Davis and Robin R. Trawick v. State Farm Fire and Casualty Company, et al., No. 1:21-cv-2988-MLB, United States District Court, N.D. Georgia, Atlanta Division (December 23, 2021).
BACKGROUND
On December 26, 2016, a fire destroyed Plaintiff Davis’s residence and all her personal belongings. Plaintiff Davis notified Defendant State Farm of the fire and made a claim pursuant to policy she had with it. Defendant State Farm extended coverage and made a payment of $239,200.00 for loss of the residence but did not issue any payment for loss of her personal property.
Defendant Allen, an investigator for OCI, submitted a warrant application to the Magistrate Court for Grady County, Georgia for Plaintiffs’ arrests. The application stated Plaintiff Davis “collected insurance money for living expenses that were not legal. Made false statement to Insurance Company.” Plaintiffs made their first appearance after being arrested and booked.
The Grady County Magistrate Court dismissed the criminal warrants for lack of evidence.
Malicious prosecution is “a violation of the Fourth Amendment and [a] viable constitutional tort under § 1983.” A warrant violates the Fourth Amendment if the affidavit supporting it contains deliberate falsity or reckless disregard for the truth, which applies to both statements and omissions. Plaintiffs claim Defendant either knew the statements by the insurance company were false or he continued the prosecution with reckless disregard for the truth.
The factual allegations in the complaint fail to demonstrate a lack of probable cause.
ZALMA OPINION
State Farm was not a party to these motions but will probably bring its own motion since the report to the police was probably made in accordance with the insurer’s obligation to report suspicion of crime by state law or common law and that is why plaintiffs spent their time against the police officer.
© 2022 – Barry Zalma
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Deprive Insurer of the Ability to Properly and Timely Investigate Claim & Recover Nothing
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Post number 5385
No Contract Claim No Bad Faith Claim
In South Alexander Development I, LLC v.Markel American Insurance Co., Civil Action No. 23-1436-JWD-SDJ, United States District Court, M.D. Louisiana (June 24, 2026) South Alexander Development I, LLC (SADI) owned and operated a solar farm in Springfield, Louisiana that allegedly sustained significant Hurricane Ida damage.
After SADI submitted a claim, MAIC ultimately paid $1,099,614.02 for undisputed physical damage plus the $210,000 income-loss policy limit. SADI later sued for breach of contract and statutory bad faith, contending MAIC failed to fully investigate and adjust the claim; MAIC sought summary judgment, arguing SADI failed to cooperate and withheld material repair-cost information.
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Louisiana insurance policies are interpreted as contracts according to their plain meaning, and the insured bears the burden ...
