Dickens v. Provedent Life & Accident Insurance

Opinion

HASTINGS, J.

INTRODUCTION

This appeal challenges the trial court’s grant of an anti-SLAPP motion 1 directed at a cause of action for malicious prosecution in a three-count lawsuit.

The case arises out of the following facts. In 1987, Provident Life and Accident Insurance Company (Provident) issued a disability insurance policy to David L. Dickens (Dickens). In 1992, Dickens presented a claim for total disability. Provident paid on the claim until June 1997 when, based upon its investigation, it concluded the claim was fraudulent. Two years later, the federal government indicted Dickens…