Executive Summary Blog

Executive Summary Blog

Legal developments affecting professional liability insurers

Category Archives: Wrongful Conviction

Subscribe to Wrongful Conviction RSS Feed

Nebraska Court Rules Injury from Malicious Prosecution Occurs at Time of Charging

Posted in Wrongful Conviction
A Nebraska state trial court, applying Nebraska law, has held that law enforcement liability coverage for malicious prosecution claims is triggered solely when an individual is charged, rejecting several alternate trigger theories put forward by the insured county.  Gage Cty., Neb. v. Neb. Intergovernmental Risk Mgmt. Ass’n, No. CI 17-0339 (Neb. Dist. Ct. Oct. 10,… Continue Reading

Law Enforcement Liability Policy Triggered by Suit for Violation of Constitutional Rights

Posted in Wrongful Conviction
A Missouri federal district court, applying Missouri law, has held that an insurer had an obligation under a law enforcement liability policy to defend a county and law enforcement officials in a suit alleging violation of the plaintiff’s Fourth and Fourteenth Amendment rights based on the initiation of prosecution of criminal charges, even though the… Continue Reading