Northfield Ins. Co. v. City of Waukegan

Federal 7th Circuit Court
Civil Court
Case Number: 
Nos. 11-1215 & 11-3729 Cons.
Decision Date: 
November 21, 2012
Federal District: 
N.E. Ill., E. Div.
Dist. Ct. did not err in granting plaintiffs-insurance companys' motion for summary judgment in action seeking declaration that plaintiffs’ insurance policies covering 1991 to 1995 and November 2006 to November 2009 time periods did not provide coverage in underlying lawsuit alleging that insured's police officials and prosecutors were guilty of false arrest, wrongful conviction and malicious prosecution in criminal sexual assault action that was eventually nolle prossed. Plaintiffs had no duty to defend underlying action under either policy where conviction occurred in 1986, which was operative date for any false arrest action. Moreover, neither policy applied to any malicious prosecution/wrongful conviction claim since operative date was date of exoneration, which occurred either in March of 2006, when Appellate Court overturned conviction, or in May of 2012 when nolle prosequi order was entered.