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

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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.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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