Policy Exclusions

Question 1

Plea deals

Answer 1

Generally inadmissible in civil or criminal case against the defendant who made them.Includes offer to plead guilty, withdrawn guilty plea, plea of nolo, or statements of fact made during discussions

Question 2

What is the exception to general rule of inadmissibility of plea deals

Answer 2

An actual guilty plea can be admitted in subsequent related litigation as a statement of opposing party

Question 3

Payment of medical bills and expenses

Answer 3

Can’t come in to prove liability but admissions of fact are severed and admissible

Question 4

Subsequent remedial measures

Answer 4

Inadmissible to prove culpability/ negligence; cam come in to show ownership or control, rebut a claim that a safety precaution wasn’t feasible, or prove an opposing party destroyed evidence

Question 5

Offers to settle

Answer 5

Inadmissible to prove liability, prove amount of a claim, or impeach a witness by prior inconsistent statement or contradiction

Question 6

Can statements of admission made with an offer to settle be admitted?

Answer 6

No.

Question 7

What is required for an offer to settle?

Answer 7

Must be a disputed claim (there was a claim or indication that a party was going to make a claim) and dispute as to liability or amount

Question 8

Liability insurance

Answer 8

Not admissible to prove negligence or wrongful action

Question 9

When can proof of liability insurance be admitted?

Answer 9

Prove ownership; impeach a witness; or admission of liability where referring to insurance cannot be severed without diminishing probative value