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State Farm must pay contractor $14.5M for defamation

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The Indiana Court of Appeals has affirmed a $14.5 million award of damages against State Farm Insurance after finding the insurer couldn’t prove its three arguments on appeal to reverse. The award is one of the largest defamation awards in U.S. history, according to the court.

Joseph Radcliff and his company Coastal Property Management LLC filed a counterclaim, alleging defamation against the insurer after State Farm sued Radcliff and his company for racketeering and insurance fraud. The suits were initiated after State Farm received bad press for denying homeowners’ claims for hail damage following a spring storm in central Indiana in 2006. Radcliff helped homeowners fight State Farm for coverage.

A jury awarded him the $14.5 million after a six-week trial in Hamilton County in 2011.

In State Farm Fire & Casualty Company v. Joseph Martin Radcliff and Coastal Property Management LLC, a/k/a CPM Construction of Indiana, 29A04-1111-CT-571, State Farm claimed that its communications with the National Insurance Crime Bureau and the Indianapolis Metropolitan Police Department – which investigated claims made by State Farm against Radcliff that he created damage on customers’ roofs – were protected by statutory immunity and a common-law privilege for crime reporting; that Radcliff failed to prove actual malice by clear and convincing evidence; and that the damages award was excessive.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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