Malicious prosecution coverage triggers from the start

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 June 12, 2018 12:49 PM

The 1st District Appellate Court recently held that the coverage trigger date for the “offense” of malicious prosecution is the commencement of the prosecution against the claimant, rather than the claimant’s exoneration.The insurer in First Mercury Insurance Co. v. Ciolino, 2018 IL App (1st) 171532 (May 11, 2018), was represented by Hinshaw & Culbertson LLP. Thomas J. Fleischmann & Associates in St. Charles and the Law Office of Terence E. Flynn represented the insureds, Paul J. Ciolino and his …

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