Indian Harbor Insurance Company v. The City of Waukegan

Plaintiff was wrongfully convicted of rape and murder and imprisoned for 20 years, and was released after exonerated by DNA evidence. Plaintiff filed malicious prosecution claim against City and police officers. Plaintiff's malicious prosecution claim did not trigger coverage under insurance policies issued to City, because prosecution was commenced before inception of policies. Coverage for Plaintiff's other allegations also was not triggered under policies, and policies do not provide illusory coverage, as malicious prosecution did not occur during policy periods. (ZENOFF and SPENCE, concurring.)