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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Insurance: Legal Malpractice Policy – Malicious Prosecution Judgment

Insurance: Legal Malpractice Policy – Malicious Prosecution Judgment

Where appellants, who obtained a $4.5 million judgment against a law firm in an action for malicious prosecution, challenged The Bar Plan’s denial of coverage to the firm for the judgment, summary judgment in favor of The Bar Plan is affirmed because the “deliberately wrongful acts” language in the policy was unambiguous, so the malicious prosecution claim was clearly excluded, and the law firm could not be an “innocent insured” under the policy since the relevant attorney’s knowledge must be imputed to the firm.

Judgment is affirmed.

Shiddell, et al. v. The Bar Plan Mutual, et al. (MLW No. 63981/Case No. WD74462 – 13 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Appealed from circuit court, Jackson County, Del Muro, J. (Scott A. McCreight for appellants) (Brent W. Baldwin for respondents).

Read the full text of this opinion. (PDF)