Other Policy Exclusions

Question 1

Insurance

Answer 1

Evidence that a person was or was not insured against liability is not admissible to prove that the person acted negligently or wrongfully.

Can be admitted for another purpose such as proving the following issues only if they are in dispute

(i) Agency
(ii) Ownership, control, or
(iii) impeachment (e.g. a witness’s bias or prejudice

Question 2

Subsequent Remedial Measures

Answer 2

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:

(i) Negligence or culpable conduct
(ii) A defect in a product or its design; or
(iii) A need for a warning or instruction

The court may admit this evidence for another purpose such as:

(i) Impeachment or
(ii) Ownership, control, or feasibility of precautionary measures if disputed.

Question 3

Offers to Settle

Answer 3

The following is NOT admissible in court to prove the validity of a disputed claim

(1) Promising, offering, or accepting or promising to accept consideration to compromise a claim; or
(2) Conduct a statement made during compromise negotiations about the claim.

Exceptions

(1) Impeaching for bias or prejudice
(2) A statement or conduct made during settlement discussions in civil negotiations will be allowed when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority.

MICHIGAN- does NOT adopt this.

Question 4

Offer to Pay Medical Expenses

Answer 4

Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is NOT admissible to prove liability for the injury.

Question 5

Plea Bargaining

Answer 5

The following are inadmissible in a civil or criminal case against the defendant:

(i) An offer to pelad guilty
(ii) A guilty plea that was later withdrawn
(iii) A nolo contendere (NC) plea
- MI: if a party pleas NC then becomes a pltf in a civil action the prior plea is admissible
(iv) A statement made during discussions w/the prosecution if the discussion did not result in a guilty plea or they resulted in a later withdrawn guilty plea.

However a plea of guilty (not w/drawn) is admissible in subsequent litigations based on the same action under the rule of party admissions (or to impeach, if the def testifies)

MI: PG to misd. vehicle violation or civil vehicular infraction is inadmissible in subsequent litigation.