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.
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