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Bradley v. General Accident Insurance Co.

Dismissal of malicious prosecution claims against insurance companies affirmed because the insurance companies provided information they believed to be true regarding suspected fraud to the responsible authorities, and the prosecuting authorities had the discretion to determine whether charges should be pursued; therefore, the insurance companies were not responsible for initiating the proceedings against plaintiffs and could not be held liable for malicious prosecution.

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J. A07013/01

�1 Appellants, Anthony Bradley and James Bradley, appeal from the Orders granting Appellees’, General Accident Insurance Company and Continental Casualty Company, *fn1 motions for summary judgment and dismissing the claims filed against them. For the reasons that follow, we affirm.

�2 The relevant facts and procedural history may be summarized as follows. In February 1995, Anthony Bradley and James Bradley were traveling together in a car owned by John Bradley. Anthony and James reported to Anthony’s carrier, General Accident, that they were involved in an accident with Linda Szostak. Both Anthony and James sought first party benefits from General Accident. John Bradley, who was not present in the car at the time of the reported accident, filed a property damage claim with his insurance carrier, Continental Insurance Company. Ms. Szostak was insured by State Farm Insurance. State Farm questioned Ms. Szostak regarding the accident and she replied that the accident never happened. She claimed that the driver of the Bradley car cursed at her, made obscene gestures, swerved his car in front of hers and slammed on his brakes in an attempt to cause her to collide with his car, but that there was, in fact, no impact. She also reported to the investigator that there was an independent witness, by the name of Juan Perez, who would corroborate her story.

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