10th Circ. Revives Nanodetex Legal Abuse Coverage Suit

Law360, New York (August 19, 2013, 7:37 PM EDT) -- The Tenth Circuit on Monday reversed Carolina Casualty Insurance Co.'s successful bid to avoid indemnifying Nanodetex Corp., an anti-terrorism technology company, in a suit accusing the company of trying to bully a rival into a merger through litigation, saying a malicious prosecution exclusion does not apply.

A unanimous appeals panel revived Carolina’s declaratory judgment suit after determining that Nanodetex and its two insured principals were successfully sued under a “malicious abuse of process” tort recently recognized by the New Mexico Supreme Court, which the panel said...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.