Klem v. Access Insurance Co.

Robert Klem sued Access Insurance Company and Access General Insurance Adjusters, LLC (collectively, "Access") after he was in a car accident and Access administered his claim. Klem alleged Access falsely notified the California Department of Motor Vehicles that his care was a total loss salvage, thereby reducing its value and resulting in a loss of use. Access filed a special motion pursuant to the anti-SLAPP (strategic lawsuit against public participation) statute. The trial court found Access' notice to the DMV was a protected communication, but that Klem met his initial burden of establishing a probability of prevailing on the merits. The trial court denied Access' motion, and Access appealed. Finding the trial court erred with respect to certain evidentiary rulings and by denying the anti-SLAPP motion, the Court of Appeal reversed and remanded for the trial court to enter a new order granting Access' motion. View "Klem v. Access Insurance Co." on Justia Law