May 17, 2018
Larry Mason and David Brown, Goldberg Segalla’s leading thought leaders on wrongful conviction coverage, join the show to discuss the nexus between wrongful conviction lawsuits and insurance coverage. Larry and David explain how advancements in technology, particularly DNA testing, fuels these actions.
Larry and David focus their analysis on the trigger of coverage associated with wrongful conviction claims. They identify the different approaches to malicious prosecution coverage, the weaknesses in the minority approach and why it is unlikely to be used in the future, and courts’ handling of continuous trigger arguments by policyholders.
Finally, Larry and David address other coverage defenses associated with wrongful conviction lawsuits, such as timely notice, criminal or intentional acts exclusions, and self-insured retentions.