Insurance Coverage - Ohio Court Holds That Trial Court Should Not Have Considered Mediation Proceedings

Kuhn v. 21st Century Ins. Co., 2012 Ohio 2598 - Ohio: Court of Appeals, 5th Appellate Dist. 2012 - Google Scholar:


This is an insurance coverage case arising out of an auto accident.  The parties went to mediation.  The mediation was unsuccessful.  The trial court then granted the defendant's motion to dismiss the complaint.


Mediation is confidential and non-binding.  The trial court apparently relied on facts that it learned during the mediation and dismissed the complaint.  The Ohio Appellate court reversed: "We hold, under the circumstances presented in this case, the trial court committed reversible error in utilizing the mediation process as a means of considering matters outside of the pleadings in order to rule on appellee's motion to dismiss under Civ.R. 12(B)(6)."


Edward X. Clinton, Jr.

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