Summary
The Supreme Court of Ohio held that Criminal Rule 11(B)(2) and Evidence Rule 410(A) prohibit using convictions based on no-contest pleas in a declaratory judgment action concerning insurance coverage. The court rejected a distinction between the plea and the resulting conviction and held that the limited exception recognized in State v. Mapes did not apply to this contract dispute. The court affirmed the court of appeals’ judgment.
Holdings
- Crim.R. 11(B)(2) and Evid.R. 410(A) prohibit the use against the defendant of a conviction based on a no-contest plea in an action for declaratory judgment concerning insurance coverage.
- The limited exception recognized in State v. Mapes does not apply merely because the conviction is relevant to an insurance-policy exclusion.
- Evid.R. 410(A) makes no exception for offensive versus defensive use; a conviction based on a no-contest plea remains inadmissible when offered against the person who entered the plea.
- The evidentiary rules do not bar an insurer from proving the underlying facts supporting a policy exclusion through evidence other than the no-contest plea or conviction.
Questions Presented
- Whether Crim.R. 11(B)(2) and Evid.R. 410(A) prohibit admission in a civil declaratory-judgment action of a conviction entered on a no-contest plea.
- Whether the limited exception recognized in State v. Mapes permits use of such a conviction to establish an insurance-policy exclusion.
- Whether the rules permit a distinction between offensive and defensive use of a no-contest plea or resulting conviction.
Disposition
affirmed
Cases Cited (13)
- State v. Mapes, 19 Ohio St. 3d 108, 19 OBR 318, 484 N.E.2d 140 (1985)(limited)
- Rose v. Uniroyal Goodrich Tire Co., 219 F.3d 1216, 1220 (10th Cir. 2000)(followed)
- Allstate Ins. Co. v. Simansky, 45 Conn. Supp. 623, 628, 738 A.2d 231 (1998)(followed)
- Walker v. Schaeffer, 854 F.2d 138, 143 (6th Cir. 1988)(distinguished)
- USX Corp. v. Penn Cent. Corp., 137 Ohio App. 3d 19, 27, 738 N.E.2d 13 (2000)(distinguished)
- Lichon v. Am. Universal Ins. Co., 435 Mich. 408, 418-419, 459 N.W.2d 288 (1990)(followed)
- Jaros v. Ohio State Bd. of Emergency Med. Servs., Lucas App. No. L-01-1422, 2002-Ohio-2363, ¶ 21(followed)
- Bivins v. Ohio State Bd. of Emergency Med. Servs., 165 Ohio App. 3d 390, 2005-Ohio-5999, 846 N.E.2d 881, ¶ 4(followed)
- Shrader v. Equitable Life Assurance Society of the United States, 20 Ohio St. 3d 41, 44, 20 OBR 343, 485 N.E.2d 1031 (1985)(followed)
- In re Estate of Kissinger, 166 Wash. 2d 120, 125, 206 P.3d 665 (2009)(followed)
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