The increase in wrongful conviction litigation has engendered a number of new doctrinal problems. This Note examines the existing rules governing insurance coverage for wrongful-conviction-related torts, in particular, due process claims for Brady violations. It then explores the rationale for the continuous trigger doctrine in the asbestos context, and argues that wrongful conviction claims call for a similar approach due to comparable latency concerns. There is a particular focus on Illinois law due to the state’s prevalence of wrongful conviction litigation and recent shifts in the law governing insurance triggers for malicious prosecution.
Ensuring Insurance: Adequate and Appropriate Coverage for Brady Claims in Illinois,
Nw. U. L. Rev.