Malicious Prosecution Coverage

Timely Notice

Martha Brown, a North Carolina partner in Goldberg Segalla’s Global Insurance Services Group, discusses the contours of malicious prosecution coverage. She begins by discussing the types of claims that satisfy the malicious prosecution offense. She then examines the Eighth Circuit’s recent decision in Sampson v. Kofoed, including the coverage issues surrounding an exception to a criminal, dishonest, fraudulent, or malicious acts exclusion. Martha concludes by identifying the key takeaways from the Eighth Circuit’s decision and how it squares with existing precedent nationwide.