17.4.1 Malice.

• Jurisdiction: Arizona

17.4.1 Malice. In order to prove malice, a plaintiff need not prove that the defendant had intent to injure the plaintiff.¹³ Rather, the plaintiff must prove that the defendant “primarily used the action for a purpose other than that of securing the proper adjudication of the claim.”¹⁴ For example, the use of a civil action to force settlement or act as a nuisance is improper.¹⁵

Malice can be inferred by a lack of probable cause.¹⁶ However, this inference is not mandatory.¹⁷ Nor does a finding of malice create an inference of a lack of probable cause.¹⁸

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Notes:

^[13] Bradshaw v. State Farm Mut. Auto. Ins. Co., 157 Ariz. 411, 418, 758 P.2d...