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March 27, 2026
LITIGATION PRIVILEGE DEFEATS DEFAMATION SUITS

ABSOLUTE IMMUNITY FOR COMPLAINTS TO DMV

Complaints Filed By The Defendants With The Department Of Motor Vehicles Were Entitled To Absolute Immunity

Post number 5312

See the full video at https://lnkd.in/g8rhDh-Z and at https://lnkd.in/gkpfVfjb and at https://zalma.com/blog plus more than 5300 posts.

In Modzelewski’s Towing & Storage, Inc., et al. v. Government Employees Insurance Company et al., No. AC 47933, Court of Appeals of Connecticut (March 24, 2026) Modzelewski’s Towing & Storage, Inc., Chris’ Auto Clinic, LLC, MyHoopty.com, LLC, and Farmington Auto Park, LLC, initiated an action seeking damages for tortious interference with business expectancies and other relief. The dispute arose after complaints were filed against them by Government Employees Insurance Company (GEICO) and individual defendants John P. Vaz and Patrick Capri with the Connecticut Department of Motor Vehicles. The plaintiffs alleged that these complaints interfered with their business relationships.

LEGAL ISSUES

The central legal issue concerned the application of § 14-63-45b of the Regulations of Connecticut State Agencies, which governs complaints to the Department of Motor Vehicles. The trial court examined whether the defendants’ conduct — filing complaints with the department — was protected by absolute immunity under the litigation privilege, a doctrine that shields certain communications made in the course of judicial or quasi-judicial proceedings from liability.

1. Whether the complaints filed by the defendants with the Department of Motor Vehicles were entitled to absolute immunity under the litigation privilege.

2. Whether the trial court properly dismissed the plaintiffs’ claims for lack of subject matter jurisdiction based on the litigation privilege.

DISCUSSION AND ANALYSIS

The trial court granted the defendants’ motions to dismiss, finding that the complaints submitted to the Department of Motor Vehicles fell within the scope of the litigation privilege and were thus immune from suit.

On appeal, the plaintiffs argued that the privilege should not apply, contending the complaints were not sufficiently related to a judicial or quasi-judicial proceeding. The appellate court disagreed, concluding that the process involving the Department of Motor Vehicles constituted a quasi-judicial proceeding, and the privilege applied. As a result, the dismissal for lack of subject matter jurisdiction was affirmed.

CONCLUSION

To determine where there is an effective litigation privilege is whether the body has the power to:

1. exercise judgment and discretion;
2. hear and determine or to ascertain facts and decide;
3. make binding orders and judgments;
4. affect the personal or property rights of private persons;
5. examine witnesses and hear the litigation of the issues on a hearing; and
6. enforce decisions or impose penalties.

The court determined that the department’s complaint and hearing proceeding is quasi-judicial in nature because the Commissioner of Motor Vehicles or the designated hearing officer is vested with the discretion and judgment to consider motions, subpoena witnesses, require the production of records, receive, consider, and evaluate the evidence, limit the number of witnesses, permit additional pleadings and evidence pre- and post-hearing, and issue a final decision based on their consideration of the entire record.

The Court of Appeals of Connecticut affirmed the trial court’s judgment, holding that the defendants’ complaints to the Department of Motor Vehicles were protected by absolute immunity under the litigation privilege, thereby precluding the plaintiffs’ claims for tortious interference and other relief.

The policy underlying the litigation privilege is that in certain situations the public interest in having people speak freely outweighs the risk that individuals will occasionally abuse the privilege by making false and malicious statements.

The litigation privilege is a long-standing common law rule that communications uttered or published in the course of judicial proceedings are absolutely privileged so long as they are in some way pertinent to the subject of the controversy.

In the present case, a consumer complaint filed with the department is necessary to initiate the department proceeding that the plaintiffs concede is quasi-judicial in nature. The trial court explained that the defendants’ alleged filing of complaints with the department were part of the initial steps in the distinct possibility that the department would commence proceedings against the plaintiffs.

Accordingly, the Court of Appeals agreed with the court that public policy supports the application of the litigation privilege to complaints filed with the department of the regulations and, therefore, conclude that the court properly granted the defendants’ motions to dismiss. The judgment was affirmed.

ZALMA OPINION

The state set up a department to control and deal with disputes about the actions of people and entities involved in judicial or quasi judicial entities. GEICO, on its own behalf and on behalf of its insureds reported to the agency improper conduct only to find itself sued for defamation. The trial court and Court of Appeals applied the litigation privilege and threw out the defamation actions.

(c) 2026 Barry Zalma & ClaimSchool, Inc.

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00:08:15
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May 26, 2026
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Post number 5357

Read the full article at https://www.linkedin.com/pulse/he-who-acts-his-own-lawyer-has-idiot-client-barry-zalma-esq-cfe-d4bwc, See the full video at and at and at https://zalma.com/blog.

Karacson’s Arson for Profit Attempt Required Skill & Experience to Succeed

In Steve Ellis Karacson v. David Shaver, Warden, No. 25-1089, United States Court of Appeals, Sixth Circuit (May 20, 2026) Steve Karacson was convicted in Michigan state court of arson and insurance fraud after evidence showed he burned his own insured home. Investigators found multiple points of origin, gasoline odor, and evidence tying him to the scene, including cell-phone location data and a receipt showing he had purchased a gas can and gloves shortly before the fire.

FACTS

Karacson initially had appointed counsel, but his relationships with both appointed attorneys ...

00:08:55
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May 11, 2026
Severe Punishment for Failure to Obey Court Orders

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Post number 5348

See the full video at and at and at https://zalma.com/blog plus 5300 posts.

In Linh Wang v. Esurance Insurance Company, No. C24-0447-JCC, United States District Court, W.D. Washington, Seattle (May 1, 2026) John C. Coughenour, United States District Judge, found that throughout this case, culminating with its briefing on Plaintiff’s renewed motion and that Defendant has subjected Plaintiff to unnecessary motion practice for clearly discoverable information and made dubious representations (including to the Court).

FACTUAL BACKGROUND

This case involves an underinsured/uninsured motorist insurance bad faith claim arising from a 2017 motor vehicle collision. The plaintiff, Linh Wang, alleges that Esurance Insurance ...

00:08:27
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May 08, 2026
Ambiguous Contract to Repair not an Assignment

The Right to Negotiate with Insurer is Not an Assignment of Claims

Post number 5347

Read the full article at https://www.linkedin.com/pulse/ambiguous-contract-repair-assignment-barry-zalma-esq-cfe-2xppc, see the full video at https://rumble.com/v79is1s-ambiguous-contract-to-repair-not-an-assignment.html and at and at https://zalma.com/blog plus more than 5300 posts.

Nebraska Requires an Actual Assignment to Allow Contractor to Sue Insurer

In Millard Gutter Company, a corporation doing business as Millard Roofing and Gutter v. Farmers Mutual Insurance Company of Nebraska, also known as Farmers Mutual Insurance, also known as Farmers Mutual, No. A-24-818, Court of Appeals of Nebraska (May 5, 2026) Millard sued Farmers as an assignee of Jane Anzalone who had hired Millard Gutter to repair the roof of her home and agreed to allow Millard Gutter to coordinate with her insurer, Farmers Mutual, concerning reimbursement for repairs authorized under her insurance policy.

FACTUAL BACKGROUND

In ...

00:08:02
34 minutes ago
Justice Should not Require Court to Give Patience to Criminal Petitioner

Court Allows itself to be Abused by Convicted Murderer and Insurance Fraudster

A Prisoner Has a Limited Right to file a Habeas Petition but Must do so Properly

Post number 5387

Posted on July 6, 2026 by Barry Zalma

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A Prisoner Has a Limited Right to file a Habeas Petition but Must do so Properly
Post number 5387

In Tami Duvall v. State Of Indiana, No. 1:25-cv-01239-SEB-TAB, United States District Court, S.D. Indiana, Indianapolis Division (July 1, 2026) Indiana prisoner Tami Duvall filed a habeas petition under 28 U.S.C. § 2254 challenging her 2011 Indiana convictions for murder, insurance fraud, and obstruction of justice.

Law:

Federal Rule of Civil Procedure 15(a) governs amendment of pleadings, allowing amendment as of course within specified time limits and otherwise permitting amendment with leave of court when justice so requires.

Federal Rule of Civil Procedure 12(f) permits the Court to strike redundant matter. Rule 5 of the Rules ...

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July 03, 2026
Buying Insurance After the Accident is Fraud

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Post number 5386

Posted on July 3, 2026 by Barry Zalma

Conviction for Fraud Affirmed Because Evidence Overwhelming

In State Of Washington v. Saleem Mumin Robinson, No. 87244-3-I, Court of Appeals of Washington, Division 1 (June 29, 2026) Saleem Robinson was involved in an automobile collision on May 18, 2021. The other driver, Mohamed Waggeh, photographed Robinson’s documents and later reported the collision to GEICO, identifying the time as approximately 12:40 p.m.

That same day, at 6:06 p.m., more than five hours after the accident, Robinson purchased Progressive insurance for the vehicle involved in the collision.

The next morning, Robinson called Progressive to report the claim and stated that the accident occurred around 6:15 p.m. Progressive recorded that call without advising Robinson that it was being recorded. Progressive later conducted a special investigative unit investigation the claim because it was submitted shortly ...

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July 02, 2026
Failure to Comply With Policy Conditions Defeats Claim

Deprive Insurer of the Ability to Properly and Timely Investigate Claim & Recover Nothing

Posted on July 2, 2026 by Barry Zalma

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.

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LAW:

Louisiana insurance policies are interpreted as contracts according to their plain meaning, and the insured bears the burden ...

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