Panel: Evidence Tampering Does Not Fall Under Malicious Prosecution Exception

(September 12, 2018, 12:25 PM EDT) -- ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Sept. 11 held that a law enforcement liability insurance policy expressly bars indemnification of intentional criminal acts and that a police commander’s act of evidence tampering in a murder investigation does not fall under the policy’s malicious prosecution exception to the exclusion for criminal, dishonest and fraudulent acts, reversing a lower court’s ruling against the insurer (Nicholas Sampson v. Investigator William Lambert, et al. v. St. Paul Fire and Marine Insurance Company, et al., No. 17-1104, No. 17-1106, Nos. 17-1114 and 17-1117, 8th Cir., 2018 U.S. App. LEXIS 25666)....

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