Sanders v. Illinois Union Insurance Co.

2019 IL 124565 (IL. 2019)

Words & Phrases

Trigger Of Coverage

Trial Judge

Celia Gamrath

Appellate Judge

Theis

Holding

The trigger for insurance coverage for “malicious prosecution” is the initiation of the alleged wrongful prosecution.

Fact Summary

In 1994, based on doctored evidence from the City of Chicago Heights Police Department, Rodell Sanders was charged with murder, attempted murder, and armed robbery. Sanders was wrongfully convicted and imprisoned for approximately 20 years before being exonerated in 2014. From November 2011 to November 2014, Chicago Heights obtained primary liability insurance from Illinois Union Insurance Company (Illinois Union) and excess liability insurance from Starr Indemnity & Liability Company (Starr). The primary insurance policy indemnified Chicago Heights for, among other things, damages arising out of the “offense” of “malicious prosecution.” At issue is whether the offense of malicious prosecution occurred during the policy period, thereby triggering the insurers’ obligation to provide coverage. Based on the policy’s terms, we conclude that coverage was triggered when Sanders was prosecuted in 1994.

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