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May 19, 2025
Police Officers Immune From Suit

Statutory Immunity Defeats Suit for Wrongful Death Suit Against Police Officers
Post 5077

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Posted on May 19, 2025 by Barry Zalma

Claim of Wrongful Death by Taser Fails

When a wrongful-death claim brought by Clayton Franklin, the administrator of his son Cody’s estate, against the City of Ozark and two police officers following Cody’s death in custody resulted in a grant of summary judgment in favor of the defendants, Franklin appealed, arguing that the statute of limitations did not apply and that the defendants were not immune from the claim.

In Clayton Franklin As Adminstrator For The Estate Of Cody J. Franklin v. City Of Ozark, Arkansas; Nathan Griffith; And Joseph Griffith, No. CV-24-331, Court of Appeals of Arkansas, Division IV, 2025 Ark.App. 308 (May 14, 2025) the trial court’s decision was affirmed.

FACTUAL BACKGROUND

1 Wrongful Death Claim: Clayton Franklin filed a wrongful-death claim after his son Cody died while detained, alleging negligence and excessive force by the officers.
2 Background of Incident: The case originated from events on May 10-11, 2016, when Cody was arrested after behaving erratically and subsequently died after being tased multiple times by officers.
3 Federal Court Proceedings: Initially, the case was filed in federal court, where claims against municipalities were dismissed, and the Eighth Circuit found the officers acted reasonably, granting them qualified immunity.
4 Circuit Court Rulings: The circuit court dismissed the second amended complaint, ruling that the claims were barred by the statute of limitations and that the defendants were entitled to statutory immunity under Arkansas law.
5 Immunity and Negligence: The court held that the allegations of “willful and wanton” conduct did not rise to the level of intentional torts, thus granting immunity to the defendants as per Arkansas Code.

STATUTORY IMMUNITY

In issuing a blanket ruling, as the circuit court did here, a circuit court is deemed to have accepted all arguments advanced by the prevailing party. The circuit court therefore accepted appellees’ arguments that the second amended complaint should be dismissed because the statute of limitations barred appellant’s claims and because appellees were entitled to statutory immunity under Arkansas Code Annotated section 21-9-301.

ANALYSIS

An affidavit stating that there is no general-liability coverage establishes a prima facie entitlement to summary judgment. The mayor’s affidavit sufficiently established that the City did not possess general-liability insurance at the time of the incident to cover appellant’s claims and immunity of the officers was established.

The Court of Appeals concluded that circuit court did not err in dismissing the second amended complaint after finding that appellees were immune to appellant’s wrongful-death claims as alleged, it is unnecessary for the Court of Apeals to address the circuit court’s alternative basis for dismissal.

ZALMA OPINION

This is essentially a sovereign immunity case where, if there is no insurance available for negligent conduct of police officers, the city and its officers are immune from suit unless the governmental entity has insurance to pay for losses like those resulting from the death of Cody.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

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00:06:16
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1 hour ago
Crime Doesn’t Pay – Allstate to Have Judgment Against Fraudsters

Fraud Perpetrators Will Have Judgment Entered in Favor of Insurer They Defrauded
Post 5155

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Allstate Effectively Proactive Against Insurance Fraud

Plaintiffs Allstate Insurance Company and other Allstate companies (collectively, “Plaintiffs”) sued seeking redress for losses incurred due to an alleged insurance fraud scheme. Plaintiffs alleged that Defendants Toshner, Lacey Davies, Michael Trinh, Roadside Response, LLC, and Responsible Billing, LLC’s (collectively, “Defendants”) submitted false reimbursement claims for hazardous material cleanups that were never actually performed, were unnecessary, or did not involve an Allstate insured.

In Allstate Insurance Company, et al. v. Daniel Toshner, et al., No. 1:24-CV-27-RP, United States District Court, W.D. Texas, Austin Division (July 9, 2025) Allstate moved for default to be entered against the defendants.

...

00:06:02
1 hour ago
Plaintiff Must be an Insured to Sue Insurance Company

When Plaintiff Gives Up Court Must Grant Summary Judgment

Post 5154

It is Contumacious to Sue an Insurer if You are Not Insured

See the full video at https://lnkd.in/ggmMWkcN and at https://lnkd.in/gJXMDYxG, and at https://zalma.com/blog plus more than 5100 posts.

Defendant American National filed a motion for summary judgment because Plaintiff is not a named or third-party beneficiary of the Policy. Defendant contends that because Plaintiff is not covered by the Policy, Plaintiff cannot prove that Defendant breached the Policy or demonstrated bad faith under La. R.S. 22:1973 and 22:1892. In support of this contention, Defendant argued that the Policy only covers the “Named Insured/Mortgagee” of the property, Magee Holdings, LLC, and that the Policy does not name Plaintiff as an insured or a third-party beneficiary.

In Hannah Guillotte v. American National Property And Casualty Company, Civil Action No. 23-00931-BAJ-RLB, United States District Court, M.D. Louisiana (July 16, 2025) Plaintiff, the ...

00:06:32
July 25, 2025
Plaintiff Must be an Insured to Sue Insurance Company

When Plaintiff Gives Up Court Must Grant Summary Judgment

Post 5154

It is Contumacious to Sue an Insurer if You are Not Insured

See the full video at https://lnkd.in/ggmMWkcN and at https://lnkd.in/gJXMDYxG, and at https://zalma.com/blog plus more than 5100 posts.

Defendant American National filed a motion for summary judgment because Plaintiff is not a named or third-party beneficiary of the Policy. Defendant contends that because Plaintiff is not covered by the Policy, Plaintiff cannot prove that Defendant breached the Policy or demonstrated bad faith under La. R.S. 22:1973 and 22:1892. In support of this contention, Defendant argued that the Policy only covers the “Named Insured/Mortgagee” of the property, Magee Holdings, LLC, and that the Policy does not name Plaintiff as an insured or a third-party beneficiary.

In Hannah Guillotte v. American National Property And Casualty Company, Civil Action No. 23-00931-BAJ-RLB, United States District Court, M.D. Louisiana (July 16, 2025) Plaintiff, the ...

00:06:32
July 16, 2025
There is no Tort of Negligent Claims handling in Alaska

Rulings on Motions Reduced the Issues to be Presented at Trial

Read the full article at https://lnkd.in/gwJKZnCP and at https://zalma/blog plus more than 5100 posts.

CASE OVERVIEW

In Richard Bernier v. State Farm Mutual Automobile Insurance Company, No. 4:24-cv-00002-GMS, USDC, D. Alaska (May 28, 2025) Richard Bernier made claim under the underinsured motorist (UIM) coverage provided in his State Farm policy, was not satisfied with State Farm's offer and sued. Both parties tried to win by filing motions for summary judgment.

FACTS

Bernier was involved in an auto accident on November 18, 2020, and sought the maximum available UIM coverage under his policy, which was $50,000. State Farm initially offered him $31,342.36, which did not include prejudgment interest or attorney fees.

Prior to trial Bernier had three remaining claims against State Farm:

1. negligent and reckless claims handling;
2. violation of covenant of good faith and fair dealing; and
3. award of punitive damages.

Both Bernier and State Farm dispositive motions before ...

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May 15, 2025
Zalma's Insurance Fraud Letter - May 15, 2025

ZIFL Volume 29, Issue 10
The Source for the Insurance Fraud Professional

See the full video at https://lnkd.in/gK_P4-BK and at https://lnkd.in/g2Q7BHBu, and at https://zalma.com/blog and at https://lnkd.in/gjyMWHff.

Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ You can read the full issue of the May 15, 2025 issue at http://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-05-15-2025.pdf
This issue contains the following articles about insurance fraud:

Health Care Fraud Trial Results in Murder for Hire of Witness

To Avoid Conviction for Insurance Fraud Defendants Murder Witness

In United States of America v. Louis Age, Jr.; Stanton Guillory; Louis Age, III; Ronald Wilson, Jr., No. 22-30656, United States Court of Appeals, Fifth Circuit (April 25, 2025) the Fifth Circuit dealt with the ...

May 15, 2025
CGL Is Not a Medical Malpractice Policy

Professional Health Care Services Exclusion Effective

Post 5073

See the full video at https://lnkd.in/g-f6Tjm5 and at https://lnkd.in/gx3agRzi, and at https://zalma.com/blog plus more than 5050 posts.

This opinion is the recommendation of a Magistrate Judge to the District Court Judge and involves Travelers Casualty Insurance Company and its duty to defend the New Mexico Bone and Joint Institute (NMBJI) and its physicians in a medical negligence lawsuit brought by Tervon Dorsey.

In Travelers Casualty Insurance Company Of America v. New Mexico Bone And Joint Institute, P.C.; American Foundation Of Lower Extremity Surgery And Research, Inc., a New Mexico Corporation; Riley Rampton, DPM; Loren K. Spencer, DPM; Tervon Dorsey, individually; Kimberly Dorsey, individually; and Kate Ferlic as Guardian Ad Litem for K.D. and J.D., minors, No. 2:24-cv-0027 MV/DLM, United States District Court, D. New Mexico (May 8, 2025) the Magistrate Judge Recommended:

Insurance Coverage Dispute:

Travelers issued a Commercial General Liability ...

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