Wrongful conviction lawsuits often give rise to insurance coverage trigger disputes. This white paper examines the liability, exposure and coverage arguments that underpin how most
Continue Reading Wrongful Conviction 2020: The Rising Tide of Insurance Trigger Litigation
This article was originally published in Law360.
In Sanders v. Illinois Union Insurance Company, the Supreme Court of the State of Illinois resolved a split in state and federal decisions applying Illinois law on trigger of coverage in the context of wrongful incarceration.[1]
According to the Illinois Supreme Court, the City of Chicago Heights’ insurers had no coverage obligation under policies in effect when the claimant was retried for murder and exonerated, two decades after the initiation of the prosecution. As a result, Illinois law on trigger of coverage for wrongful incarceration lawsuits is now on all fours with decisions by courts nationwide.
Continue Reading Ill. Ruling Clarifies Wrongful Incarceration Insurance Triggers
This article was originally published in Law360 on July 10, 2019.
In a long-running insurance coverage dispute, the United States Court of Appeals for the Fifth Circuit recently issued a decision addressing trigger of coverage in the context of three wrongful convictions in Travelers Indemnity Co. v. Mitchell.
Continue Reading 5th Circ. Insights On Wrongful Conviction Insurance Coverage
A New York federal court has granted an insurance broker’s motion for a new trial, which vacates a jury verdict and judgment of over $23 million on the ground that an erroneous jury instruction was given to the jury. Wiley Rein represented the insurance broker for purposes of post-trial motions and possible appeal. Cammeby’s Mgmt. Co., LLC v. Affiliated FM Ins. Co., 2016 WL 316023 (S.D.N.Y. Jan 26, 2016).
Continue Reading Wiley Rein Overturns Adverse Verdict Against Insurance Broker