Legal Opinion
Elevators Mutual Insurance v. J. Patrick O'Flaherty's, Inc.
Ohio Supreme Court
Decided March 24, 2010No. 2009-0321PublishedCited by 9 opinions
1Opinion of the CourtLanzinger, J.
{¶ 1} The issue before us is whether evidence of an insured’s criminal convictions for arson and insurance fraud based on pleas of no contest are admissible in a civil dispute over insurance coverage for loss or damage resulting from the dishonest or criminal acts underlying the convictions. We hold that Crim.R. 11(B)(2) and Evid.R. 410(A) prevent the use of convictions based on no-contest pleas in an action for declaratory judgment for insurance coverage and therefore affirm the judgment of the court of appeals.
Background Facts
{¶ 2} This is an action for declaratory judgment to determine the…
2Cases cited9 opinions
- Doak Walker and Maurice Turner v. R. Schaeffer, Patrolman, and J. Sheridan, PatrolmanCourt of Appeals for the Sixth Circuit · 1988
- Lichon v. American Universal InsuranceMichigan Supreme Court · 1990
- State v. MapesOhio Supreme Court · 1985
- Shrader v. Equitable Life Assurance Society of United StatesOhio Supreme Court · 1985
- In Re Estate of KissingerWashington Supreme Court · 2009
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Burton v. DutielOhio Court of Appeals · 2015
- Grange Ins. Co. v. Farmers Ins. Co.Ohio Court of Appeals · 2022
- Auto-Owners Mut. Ins. Co. v. MohammedOhio Court of Appeals · 2011
- Edwards v. BoldenOhio Court of Appeals · 2012
- Elevators Mutual Insurance v. J. Patrick O'Flaherty's, Inc.Ohio Supreme Court · 2010
4 more not listed; retrieve them via the Exa API.