In Selective Ins. Co. v. RLI Ins. Co., 2015 U.S. Dist. LEXIS 90572 (N.D. Ohio July 13, 2015), a coverage dispute arose after an individual who, following his exoneration from a criminal conviction for rape and murder, sued the municipality who had pursued the criminal case against him. During the relevant time period, the municipality held successive one year policies with two primary insurers and two excess insurers. The first excess policy ran from policy 1997 -1998 and the second ran from 1998-1999.…
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A Continuing Trend of Illinois State Courts Finding Trigger for Malicious Prosecution is Initiation of Prosecution — Not Termination of Proceedings
On April 21, 2015, we wrote about the Illinois Appellate Court Second District’s decision in Indian Harbor Insurance Co. v. City of Waukegan, 2015 IL App (2d) 140293 (Mar. 6, 2015). There, the Appellate Court followed its decision in St. Paul Fire & Marine Insurance Co. v. City of Zion, 2014 IL App (2d) 131312, which held that only the date of conviction triggers malicious prosecution coverage. As we noted, this constituted a rejection of the Illinois Supreme Court precedent, Security Mutual …
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