General Star Indemnity Company v. ASI, Inc.
Split Score
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Case Summary
Disposition
Affirmed
The Eighth Circuit affirmed a declaratory judgment that General Star Indemnity Company has no duty to defend Toy Quest Ltd. against ASI, Inc.’s abuse-of-process lawsuit because the insurance policy’s malicious-prosecution coverage does not encompass abuse of process. The court also rejected requests for abstention, application of California law, certification to the Minnesota Supreme Court, and disqualification of counsel.
Circuit Split Identified
Legal Issue
Whether an insurance policy that explicitly covers 'malicious prosecution' also provides coverage for the separate tort of 'abuse of process.'
Circuit Positions
Malicious-prosecution coverage does NOT extend to abuse-of-process claims because the torts are distinct and the policy language is unambiguous.
Malicious-prosecution coverage DOES extend to abuse-of-process claims when the underlying facts could sustain either tort.
Conflict Summary
The Ninth Circuit (minority view) interprets malicious-prosecution coverage broadly so that it encompasses abuse-of-process claims, while the Fifth, Third, Tenth, and now Eighth Circuits hold that because the two torts are distinct, a policy limited to malicious prosecution does not cover abuse of process.