Niemiec v. Markel Insurance Company
Plaintiff appealed from the circuit court’s dismissal of his complaint seeking insurance coverage from the defendant for costs the plaintiff incurred defending an underlying sexual misconduct lawsuit. The circuit court dismissed the complaint because the sexual misconduct lawsuit was dismissed for want of prosecution and did not result in a trial in which plaintiff was found not liable, a condition precedent for coverage under the policy. On appeal, the plaintiff argued, among other things, that enforcing the policy as written rendered the coverage “illusory” and that It was against public policy. The appellate court affirmed, explaining that an insurance policy that provides limited coverage is not illusory so long as it provides some coverage and that plaintiff had forfeited his public policy arguments. (McBRIDE and D.B. WALKER, concurring)