Bearden v. State Farm Fire & Casualty Company

OPINION

STOWERS, Justice.

I. INTRODUCTION

The question in this appeal is whether a defendant who pleads no contest to disorderly conduct in a criminal action can be collaterally estopped from relitigating the elements of that crime in a related civil declaratory judgment action regarding insurance coverage, thereby precluding coverage.

Kent Bearden pleaded no contest to disorderly conduct for punching Paul Rasmussen during a physical altercation. Rasmussen subsequently filed a civil complaint against Bearden, and Bearden tendered the lawsuit to State Farm Insurance Company to defend and indemnify…