The Aftermath of Exoneration – Insurance Coverage in Wrongful Incarceration Cases

Wrongful incarceration is a disaster for everyone involved. Victims often spend decades in prison for crimes that they did not commit. When they are exonerated, civil litigation often follows – and, naturally, most defendants look to their insurance to defend them against tort claims. This program will explore the unique and surprisingly complex insurance-coverage issues that arise out of wrongful-incarceration claims, including trigger of coverage, the duty to defend, allocation, and bad faith issues. The program will examine the impact that these claims have on the communities where they occur, and what can and is being done to avoid them in the future. It will also offer some practical pointers about how to approach resolution efforts, and how best to preserve indemnity limits to address the harms that the plaintiffs have.