Insurer filed declaratory judgment action against its insured, a private investigator for Northwestern who was sued for malicious prosecution in connection with investigative journalism class. Plaintiff in underlying suit alleged that investigator and others "framed" him for a 1982 double murder, of which he was convicted in 1999, but exonerated in 2014. Investigator filed a 6-count counterclaim. Court properly dismissed 5 counts of counterclaim and later granted summary judgment for insurer, including as to remaining count of counterclaim, as each count of counterclaim was defective .Alleged "offense" was misconduct allegedly committed by investigator leading to 1999 plea and conviction, which predated policy, so that insurer did not owe coverage. (HOFFMAN and DELORT, concurring.)
Illinois Appellate Court
Civil Court
Insurance