Defining trigger for malicious prosecution

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted July 7, 2015 3:02 PM

The 4th District Appellate Court recently agreed with the 2nd District — and rejected with two federal decisions — in holding that the insurer on the risk at the time of arrest and prosecution, rather than at the time of exoneration, is the insurer that provides coverage for the tort of malicious prosecution.The insured in County of McLean v. States Self-Insurers Risk Retention Group Inc., 2015 IL App (4th) 140628 (June 2), was represented by Heyl, Royster, Voelker & Allen of Urbana. Hinshaw & …

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