ELEVATORS MUTUAL INSURANCE COMPANY ET AL., Appellants,
v.
J. PATRICK O'FLAHERTY'S, INC., ET AL., Appellees.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted October 21, 2009.
Decided March 24, 2010.
Attorney(s) appearing for the Case
Ulmer & Berne, L.L.P., Robert E. Chudakoff, and Gary S. Greenlee, for appellant Elevators Mutual Insurance Co.
Gallagher Sharp, Jay Clinton Rice, and Richard C.O. Rezie, for appellant NAMIC Insurance Co.
Murray & Murray Co., L.P.A., W. Patrick Murray, James L. Murray, and William. H. Bartle, for appellees.
Supreme Court of Ohio.
LANZINGER, 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...
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