BatesCarey Establishes Kentucky Precedent on Malicious Prosecution Coverage Trigger

March 2022 | Category: News

In a ruling of first impression, a Kentucky state court held that the “personal injury” inflicted by malicious prosecution “occurs” at the time of wrongful charging for purposes of triggering insurance coverage in adopting BatesCarey’s argument that the subsequent years of a claimant’s incarceration and suffering constitute resulting “damages” but not new “personal injuries” triggering multiple policy periods.

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