EXCLUSIONS FOR PUBLIC POLICY REASONS

Question 1

LIABILITY INSURANCE

Answer 1

1. inadmissible to show negligence or an ability to pay
2. ADMISSIBLE to show:
   - ownership or control when disputed
   - for impeachment when witness is biased
   - part of an admission- may couple an admission with reference to insurance coverage because severing would reduce the the value of the admission of liability

Question 2

SUBSEQUENT REMEDIAL MEASURES

Answer 2

inadmissible to prove negligence or culpable act, defect in product design or in product itself, or need for a warning or inspection
ADMISSIBLE WHEN:
- to prove ownership or control
- to rebut claim that precaution was not feasible
- to prove destruction of evidence

Question 3

SETTLEMENT OFFERS

Answer 3

Negotiations not admissible to prove validity or amount of a disputed claim
- must be a claim and there must be a dispute as to the amount the claim is worth or the validity of the claim entirely

Question 4

PAYMENT OF MEDICAL EXPENSES

Answer 4

not admissible

BUT: admissions of fact accompany offers to pay medical expenses are admissible

Question 5

WITHDRAWN GUILTY PLEAS AND OFFER TO PLEAD GUILTY

Answer 5

Not admissible
WAIVER: may be waived unless there is an affirmative indication that the defendant entered the waiver agreement unknowingly or involuntarily