David Osborne and Brendan Ross Win Summary Judgment on Behalf of Two Insurer Clients in Wrongful Conviction Case
LPP Attorneys David Osborne and Brendan C. Ross represented two law enforcement liability insurers in a declaratory judgment action arising out of a highly publicized and particularly egregious wrongful conviction case. In the underlying case, the plaintiff sought damages spanning over 20 years from his wrongful prosecution, conviction, and incarceration for an armed robbery that he never committed. After securing an early release based on extrinsic evidence and receiving a pardon from the State based on actual innocence, the plaintiff sued the insured City, and others.
At issue in the declaratory judgment action was the question of which of 13 insurers owed a duty to defend or indemnify the City with respect to the underlying suit. LPP won summary judgment on behalf of its clients by successfully arguing that the underlying complaint did not allege any “wrongful act” during the policy periods, as required to trigger coverage under the policies. The court held that almost every primary and excess insurer owed coverage and LPP’s clients were the only two primary insurers who were found to owe no coverage. The case was settled on appeal, which was recently dismissed.
Read the full order here: 04-28-2023 Order