What does Malicious Prosecution mean? Read on to discover the definition & meaning of the term Malicious Prosecution - to help you better understand the language used in insurance policies.
An intentional tort that arises when an attorney institutes a claim that lacks legal and factual justification. To prove a claim of malicious prosecution, the plaintiff must also show that the claim was favorably terminated (i.e., by defense judgment and not by a settlement). In addition, the plaintiff must prove that the claim was brought with malice. Despite the fact that malicious prosecution is an intentional tort, most lawyers professional liability policies generally cover such claims.
We hope the you have a better understanding of the meaning of Malicious Prosecution.