State Farm Fire Casualty v. Joseph Martin Radcliff, et al. - 2/26/13

Back to TopPrintE-mail
Tuesday  February 26, 2013 
10:30 AM  EST

10:30 a.m. 29A04-1110-CT-571. Indiana Supreme Court courtroom. On April 14, 2006, central Indiana suffered a hailstorm that caused millions of dollars in property damage and generated thousands of insurance claims.  Following the storm, Joseph Radcliff created Coastal Property Management LLC (CPM) to assist homeowners in identifying storm damage, repairing that damage, and working with insurance companies to pay for repairs.  Many State Farm & Casualty Co. policyholders’ claims were denied, and some of them complained to the Indiana Department of Insurance.  Radcliff was retained by a number of State Farm policyholders.  Two State Farm employees began investigating Radcliff for insurance fraud and forwarded their files to the authorities.  The Marion County Prosecutor’s Office filed charges against Radcliff, but those charges were later dismissed.

State Farm sued Radcliff and CPM for racketeering and insurance fraud in Hamilton Superior Court.  State Farm alleged that Radcliff, through CPM, had a fraudulent scheme of intentionally damaging homes to simulate hail and wind damage and submitting false insurance claims.  Radcliff and CPM counterclaimed alleging that State Farm defamed Radcliff by falsely accusing him of criminal conduct
 
 In June 2011, after a six-week jury trial at which forty witnesses testified, the jury found in favor of Radcliff and CPM on their defamation counterclaim and awarded them $14.5 million.  After the verdict, State Farm filed a motion to correct errors in which it moved for judgment on the evidence, argued that it was entitled to a new trial under the “Thirteenth Juror Rule,” and argued that the damage award was excessive.  The trial court denied State Farm’s motion.  State Farm now appeals the defamation judgment arguing that its communications were protected by statutory immunity and a common-law qualified privilege for crime reporting, Radcliff failed to prove by clear and convincing evidence that State Farm acted with actual malice, and the damages are excessive.

Back to Events
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

ADVERTISEMENT