Malicious Prosecution Exclusion Inapplicable, 10th Circuit Finds, Reverses Ruling

DENVER - A management liability insurance policy's malicious prosecution exclusion does not apply to bar coverage for an underlying malicious-abuse-of-process judgment against insureds, the 10th Circuit U.S. Court of Appeals ruled Aug. 19, reversing and remanding a lower court's ruling in favor of the insurer (Carolina Casualty Insurance Co. v. Nanodetex Corporation, et al., No. 12-2110, 10th Cir.; 2013 U.S. App. LEXIS 17181).

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