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First Mercury Insurance Co. v. Ciolino

2018 IL App (1st) 171532 (Ill. App., 2018)

Words & Phrases

Trigger Of Coverage

Trial Judge

Sanjay T. Tailor

Appellate Judge



Trigger for malicious prosecution is date of conviction, not date of exoneration.

Fact Summary

Insurer had no duty to defend malicious prosecution claim against its insured, a private investigator, who was alleged in underlying suit to have conspired to frame claimant for murder, as to which claimant was convicted in 1999 but exonerated in 2014. The investigator’s “offense” was his misconduct leading to the 1999 conviction, which predated the 2014 insurance policy; so the “offense” was not within the policy period, and insurer did not owe defense or coverage.