St. Paul Fire & Marine Insurance Co. v. City of Waukegan

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2017 IL App (2d) 160381
Decision Date: 
Tuesday, August 1, 2017
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
BIRKETT

(Court opinion corrected 8/4/17.) Juan Rivera was convicted of 1992 rape and murder of 11-year-old girl; he was tried and convicted 2 more times, but each conviction was reversed. In 2012, Rivera filed federal wrongful conviction complaint against numerous defendants, including City and certain police officers. Rivera's procedural due process (Brady) claim and 5th-amendment claim did not trigger coverage under insurance policies the iinsurers had issued to City. Law enforcement activity on which those claims were based occurred before policies took effect.(HUTCHINSON and ZENOFF, concurring.)