2. Policy Exclusions

Question 1

Policy Exclusions - Liability Insurance

Answer 1

Liability Insurance: Evidence of liability insurance is admissible to prove culpability or the defendant’s ability to pay a judgment. It is admissible for other purposes (i.e., to show ownership or control of a vehicle, impeachment, or to prove a witness’s bias, etc.).

Question 2

Policy Exclusions - Offers to Pay Medical Expenses

Answer 2

Offers to Pay Medical Expenses: Evidence of offers to pay medical expenses is inadmissible. [FRE] However, accompanying statements of facts are admissible. [CA] Factual accompanying offers to pay medical expenses are also inadmissible.

Question 3

Policy Exclusions - Subsequent Remedial Measures

Answer 3

Subsequent Remedial Measures: Evidence of subsequent remedial measures is inadmissible to prove culpable conduct or [FRE] a defective product design. The evidence is admissible for other purposes (i.e., to show ownership or control, impeachment, destruction of evidence, or to rebut a defendant’s defenses.

Question 4

Policy Exclusions - Offers to Compromise/Plea/Settlements

Answer 4

Offers to Compromise/Plea/Settlements: In civil cases, evidence of settlements or offers to settle are inadmissible to prove or disprove liability/fault, amount or to impeach by a prior inconsistent statement or contradiction; however, such statements are admissible for another purpose such as to prove bias, prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. [CA] also excludes mediation proceeding discussions.