On Dec. 17, 1990, 17-year-old Jeffrey Deskovic was convicted by a Westchester County, N.Y., jury of the rape and murder of a 15-year-old high school classmate. Deskovic was sentenced to 15 years to life in prison.

Executive Summary

Advances in DNA and other scientific testing have led to an increase in wrongful incarceration lawsuits, which present tremendous coverage challenges for insurers regarding the scope of available coverage, the triggering of policies and the allocation of coverage across various insurance programs.

Almost 16 years later, the DNA profile obtained from semen and other evidence found at the crime scene was subjected to newly available testing and run through databases of convicted offenders. The DNA profile matched another man already incarcerated for another murder. This man later pleaded guilty to the murder of the young girl.

On Sept. 20, 2006, 32-year-old Deskovic was released from prison, his conviction vacated. Ultimately, the indictment against Deskovic was dismissed on the grounds of actual innocence.

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