Knowing Violation Exclusion Bars Coverage for Malicious Prosecution Claim

Navigators Specialty Ins. Co. v. Beltman (D.Col., November 1, 2012)

The underlying defendant contends that claims were brought against it for “personal and advertising injury” because the essence of the claims were malicious prosecution, slander, libel and disparagement. The district court held, however, that the underlying complain was replete with allegations of intentional acts including intent to deceive and deliberate misrepresentation. The court, therefore ruled that the knowing violation exclusion barred coverage.