Evidence of Liability Insurance

Evidence of Liability Insurance

Evidence of Liability Insurance

Rule 411 excludes evidence of insurance offered to prove a person acted negligently or wrongfully. It permits admission to prove agency, ownership, control, or witness bias.

Inadvertent references may require a mistrial.

Alternative Names:

Insurance Evidence|Rule 411

Why it Matters?

Bias is the exception that most often admits insurance evidence, since a witness employed by or retained through the carrier may be impeached with that relationship. Establishing the connection without opening general insurance references requires careful questioning. Inadvertent jury exposure to insurance is a recurring mistrial ground, which makes witness preparation on the subject a routine pretrial step.

Frequently asked questions

Which exception admits insurance evidence most often?

Which exception admits insurance evidence most often?

Bias, where a witness employed by or retained through the carrier may be impeached with that relationship.

Why prepare witnesses on the subject?

Why prepare witnesses on the subject?

Because inadvertent references to insurance are a recurring mistrial ground.