Is No-Contest Plea to Arson Charge Admissible Against Policyholder In Civil Suit Disputing Insurance Claim?

Elevators Mutual Insurance Company v. J. Patrick O'Flaherty's, Inc., et al., Case no. 2009-0321

6th District Court of Appeals (Sandusky County)

ISSUES:

* When a policyholder has entered a plea of no contest and has been convicted on a criminal count of arson, may a trial court admit evidence of that conviction in a subsequent civil lawsuit where an insurance company has denied coverage for fire damage to the policyholder's property under a policy exclusion for losses caused by the insured party's "criminal act?"

* When an insurance policy lists a business entity as the insured party, and identifies two co-owners of the business who are husband and wife as loss payees, if one co-owner is convicted of a criminal act that caused damage to the business' property, does a policy exclusion for damage caused by the insured's criminal act nullify the insurer's liability to the innocent co-owner for his/her share of insured losses arising from the property damage?