Citi-Wide

We hold that, just as a malicious prosecution suit may be maintained where only one of several claims in the underlying action lacked probable cause, so too can a malicious prosecution action be maintained where most but not all of the amount sought in the underlying action was claimed without probable cause. We reverse a judgment based on the opposite conclusion.

FACTS

A.

“In 1995, Citi-Wide Preferred Couriers, Inc. purchased a one-year workers’ compensation insurance policy from Golden Eagle Insurance Company (for which Citi-Wide paid $7,464). In mid-1996, Golden Eagle ‘audited’ CitiWide’s payroll records, then billed Citi-Wide $7,861 for ‘additional earned premiums’ based on a miscalculation by Golden Eagle about the number of people employed by Citi-Wide. Citi-Wide refused to pay the additional premium, explained the miscalculation, and suggested a re-audit. Golden Eagle declined the offer and sued Citi-Wide for $7,861. Golden Eagle was represented by Leonard Lemer and his firm, Lemer, Weiss & Wynne. Citi-Wide retained Carlos Fournier (the brother of Citi-Wide’s owner, Stewart Fournier).” (Citi-Wide Preferred Couriers, Inc. v. Golden Eagle Ins. Co. (July 30, 2001,…