Sampson v. St. Paul Fire and Marine Insurance Co., No. 17-1104 (8th Cir. 2018)Annotate this Case
The Eighth Circuit reversed the district court's grant of summary judgment to plaintiffs, holding that St. Paul Insurance's policy expressly precluded indemnification of intentional criminal acts and that David Kofoed's act of evidence tampering did not fall within the malicious prosecution exception. Kofoed was criminally convicted for evidence tampering while investigating two murders and eventually charging plaintiffs with the murders.
The court held that St. Paul's policy coverage was not illusory where it excluded coverage for acts with specific intent, but did not cover general intent acts; the policy did not provide some exceptions to the exclusions to cover certain intentional acts such as malicious prosecution; and Kofoed's evidence-tampering crime was analogous to civil malicious prosecution. Because plaintiffs failed to sufficiently plead the malicious prosecution cause of action in their complaints, the district court's entry of default judgment against Kofoed did not include malicious prosecution. Because Kofoed's judgment did not include malicious prosecution, plaintiffs failed in their burden to show that an exception to the insurance exclusion applied. Therefore, St. Paul had no duty to indemnify Kofoed.