Amica Mutual Insurance v. Gwinnett County Police Department

MCFADDEN, Judge.

In January 2008, a standoff occurred between officers of the Gwinnett County Police Department and an aggravated assault suspect whom they were trying to arrest pursuant to a warrant. The standoff damaged the house in which the suspect was living. That house belonged to Lynn Christopher, who had homeowner’s insurance with Arnica Mutual Insurance Company. After reimbursing Christopher, Arnica brought a subrogation action against the police department and Gwinnett County, asserting a claim of inverse condemnation. The defendants moved to dismiss under OCGA § 9-11-12 (b) (6), and…