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Malicious Prosecution

Malicious Prosecution

Definition

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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