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2nd DCAApril 3, 2024Reversed and Remanded⭐ Notable

The Hanover Insurance Group, Inc. v. Frazier

Case No. 2D2022-1689

After being acquitted of insurance-fraud and grand theft charges, Frazier sued Hanover and its SIU investigator for malicious prosecution and won a jury verdict. The Second District reversed, holding that section 626.989(4)(c), Florida Statutes, immunized the insurer and its investigator from suit because they merely performed the statutorily mandated anti-fraud investigation and report to DIFS, and Frazier presented no evidence of fraud or bad faith.

Key facts

  • Frazier was acquitted of insurance fraud and grand theft charges; he then sued Hanover Insurance Group and its Special Investigation Unit investigator for malicious prosecution based on their fraud investigation and report to the Department of Insurance and Financial Services.
  • A jury returned a verdict in Frazier's favor on the malicious prosecution claim, but the Second District Court of Appeal reversed the judgment.
  • +2 more key facts with a free trial

Why it matters

This is a strong defense-side precedent for insurers and SIU personnel facing malicious prosecution or related tort claims following an acquittal on fraud charges. It confirms that a plaintiff must come forward with… — full analysis with a trial

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