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Jason W. Hammer and Elizabeth K. Lowrey recently obtained summary judgment for an insurer in the Superior Court of Fulton County. The case arose when the Plaintiff was allegedly injured after his vehicle was rear-ended in an automatic car wash. The insurer initiated an investigation after becoming suspicious of the circumstances of the alleged accident, including the video footage that arguably showed the Plaintiff purposefully causing the vehicle to jump the tracks of the car wash. Other suspicious circumstances included the Plaintiff’s history of claims, the fact that the vehicle was a high-end luxury sedan the Plaintiff had no apparent means to afford, and the vehicle was purchased days before the loss and sold shortly thereafter. The Insurance Commissioner subsequently initiated an investigation, which resulted in the Plaintiff being arrested for insurance fraud, but ultimately he was not prosecuted. Plaintiff filed suit against the insurer alleging claims of false arrest, false imprisonment, malicious prosecution and others. After over three years of litigation, including a voluntary dismissal and renewal action, Mr. Hammer and Mrs. Lowrey were able to bring the case before the Court on summary judgment, arguing the insurer was statutorily immune from Plaintiff’s claims based on their good faith investigation of the incident and subsequent disclosure to the Insurance Commissioner. Plaintiff argued the investigation was performed in bad faith and therefore the immunity statute did not apply. The Court granted the insurer’s Motion for Summary Judgment in full, finding the insurer’s investigation was in fact made in good faith.

Jason W. Hammer is a partner with the law firm of Lueder, Larkin & Hunter, LLC in Atlanta, Georgia, where he practices primarily in general liability litigation, including everything from basic car wrecks to complex wrongful death cases. Jason can be reached at jhammer@luederlaw.com.

Elizabeth K. Lowrey is an associate in the Buckhead office of Lueder, Larkin & Hunter where her practice focuses on general liability defense and litigation.  Elizabeth can be reached at elowrey@luederlaw.com.