Court finds malicious prosecution coverage upon exoneration

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 February 25, 2019 3:37 PM

Creating a conflict with earlier Illinois appellate case law, the 1st District Appellate Court recently held that a municipality’s liability coverage for malicious prosecution was triggered upon exoneration of the claimant, not at the time the claimant was wrongfully prosecuted.The claimant, Rodell Sanders, and the municipality that assigned its rights to Sanders, were represented by Loevy & Loevy. Walker Wilcox Matousek LLP represented the insurers, Illinois Union, the primary insurer, and Starr Indemnity & …

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