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Ill. Joins State Trend On Malicious Prosecution Claims

Law360, New York (September 16, 2014, 10:34 AM EDT) -- A recent Illinois appellate decision clarified 35 years of confusing precedent and shed light on a challenging coverage question: When an exonerated prisoner sues a public entity for malicious prosecution, is the public entity's insurance triggered in the year in which the wrongful evidence or coerced confessions were first fabricated, or is insurance triggered in the year when the exoneration occurs and the tort of malicious prosecution ripens? This coverage debate may be of growing significance, given that criminal exonerations seem to be increasing across the country....

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