Securing Insurance Coverage for Wrongful Conviction Lawsuits


The modern accessibility of DNA testing has led to an unprecedented rise in exonerations of the wrongfully-imprisoned and a surge in civil rights lawsuits against public officials and municipal entities. These lawsuits commonly result in verdicts in the range of $1-2 million per year of imprisonment, verdicts which can easily bankrupt small to medium-sized public entities if they do not have the right kind of liability coverage in place. This session explores the complex coverage issues that arise in connection with civil rights claims and discusses some innovative risk management solutions that public entities can implement to protect themselves.

Core Competency #1: PRMS - Public Risk Management Skills

Insurance Knowledge and Aptitude

Core Competency #2 PA/GBS – Public Administration/General Business Skills:

Organizational Management

Core Competency #3: CTIS – Critical Thinking & Interpersonal Skills:

Strategic Planning/ Management

Course Level


Learning Objectives

Objective 1: The most hotly litigated issues with respect to insurance coverage for civil rights claims, including “trigger of coverage” issues, for the malicious prosecution claims, 1983 claims, fair trial torts, Monell liability, and other civil rights claims.
Objective 2: The pros and cons of risk management programs for public entities, such as private insurance and risk-sharing pools.
Objective 3 New products available on the marketplace for policyholders to protect against these claims, such as “reverse anti-Montrose” provisions and “hot potato clauses”.