March 18, 2020 / 12:45 PM / 15 days ago

Insurer must defend county against claims of wrongful prosecution that predate policy – 8th Circuit

The liability insurer for a Missouri county has a duty to defend it against a civil-rights lawsuit by a wrongfully convicted man who was first detained and investigated a few days before the policy took effect, a divided federal appeals court held Tuesday.

A 2-1 panel of the 8th U.S. Circuit Court of Appeals said that Argonaut Great Central Insurance Company must defend Lincoln County, Missouri, several law enforcement officers and a prosecutor for their alleged incompetence, recklessness and wrongful prosecution of Russell Scott Faria for the Dec. 27, 2011 stabbing death of his terminally ill wife – a case that remains unsolved, and has already spawned five separate NBC Dateline episodes.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/3dcAiD9

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