Malloy v. Vanwinkle

Mark Malloy (plaintiff) met Steven Vanwinkle (defendant) in Gulfport, Mississippi on July 31, 1990. Malloy and Vanwinkle drank beer together at the beach and later drank schnapps together at a private home. Vanwinkle and Malloy then left the home in Vanwinkle’s car. During the drive, Vanwinkle’s car hit a tree, and Malloy was injured. Malloy sued Vanwinkle, but Vanwinkle never appeared in the action. Malloy then sued State Farm Mutual Automobile Insurance Company (State Farm) (defendant), Malloy’s uninsured-motorist insurer. Malloy sought recovery from State Farm because Vanwinkle allegedly did not have liability insurance. At trial, Malloy’s evidence that Vanwinkle was uninsured included letters between Malloy’s lawyer and Vanwinkle. On August 15, 1990, the lawyer wrote to Vanwinkle, said that she was representing Malloy in his claim arising from the accident, and asked that Vanwinkle have his liability insurer contact the lawyer. Malloy’s lawyer received a reply letter on September 12, 1990. The letter referenced Malloy and the accident date, and it was signed “Steven Vanwinkle.” The letter stated that Vanwinkle had no insurance of any kind and had no assets besides his car, which was lost in the accident. The jury ultimately found in Malloy’s favor, and State Farm appealed to the Louisiana Court of Appeal. On appeal, State Farm argued that Malloy had not presented competent evidence to prove that Vanwinkle was uninsured.