Sanders v. Illinois Union Insurance Co.

This case presents question as to whether trial court properly dismissed plaintiff’s claim against defendants-insurance companies, alleging that defendants improperly denied coverage in underlying malicious prosecution claim against plaintiff-insured. Defendants argued, and trial court found, that instant policies did not provide coverage because trigger for coverage under policies was filing of criminal charges against plaintiff in malicious prosecution claim, which occurred prior to defendant’s policies going into effect. Appellate Court, in reversing trial court, found that trigger for coverage under instant policies was when plaintiff in underlying malicious prosecution claim was exonerated of all alleged baseless criminal charges, which took place at time instant policies were in effect. (Dissent filed.)