Allstate Ins. Co. v. Tenn

Summary

The court held that a nolo contendere plea is inadmissible in an insurer's declaratory judgment action to prove that the insured committed a criminal act and therefore cannot, by itself, activate a criminal-acts exclusion. Because the policy made conviction status irrelevant and focused on the insured's conduct, the insurer may still seek to establish the exclusion through other evidence. Justice D’AURIA, joined by Justice McDONALD, concurred in part and dissented in part, reasoning that the plea should be admissible but not dispositive in the coverage dispute.