ELEVATORS MUT. INS. CO. v. J. PATRICK O'FLAHERTY'S, INC.

No. 2009-0321.

125 Ohio St.3d 362 (2010)

2010-Ohio-1043

ELEVATORS MUTUAL INSURANCE COMPANY ET AL., Appellants, v. J. PATRICK O'FLAHERTY'S, INC., ET AL., Appellees.

Supreme Court of Ohio.

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.


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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