Mosby v. Liberty Mut. Ins. Co., 110 Cal. App. 4th 995 (2003)

Freddie Curtis Mosby and his wife Sheri Mosby sued Freddie’s employer, Best Buy, and Best Buy’s workers’ compensation insurance carrier, Liberty Mutual Insurance Company, for malicious prosecution and loss of consortium after Liberty Mutual reported Mosby to the local district attorney for workers’ compensation insurance fraud, which charges were dismissed after the preliminary hearing. The trial court sustained both defendants’ demurrers to the complaint on the ground that Mosby’s claims were barred by the exclusive remedy provided by the Workers’ Compensation Act. The Court of Appeal affirmed the dismissal of the claims against Best Buy, but reversed the dismissal of the claims against Liberty Mutual. The Court held that “the little involvement that Best Buy has with this case was clearly a part of normal workers’ compensation claims processing.”