Policy Exclusions Flashcards

1
Q

subsequential remedial measures

A

such evidence is NOT admissible to prove:
- negligence,
- culpable conduct,
- a defect in product or design, OR
- a need for a warning or instruction

NOTE: BUT, such evidence may be admitted for other purposes (impeachment, control, ownership, feasibility)

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2
Q

compromise / settlement offers & negotiations

A

statements and offers made during settlement negotiations are NOT admissible to:
- prove the validity or amount of a disputed claim, OR
- impeach by a prior inconsistent statement

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3
Q

pleas & plea negotiations

A

the following are NOT admissible in a subsequent civil or criminal case
- statements made during plea discussions,
- a nolo contendere plea (D doesn’t admit or dispute the charge), OR
- a guilty plea that is later withdrawn

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4
Q

paying or offering to pay medical expenses

A

NOT admissible to prove liability BUT any related statements or factual admissions are ADMISSIBLE

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5
Q

liability insurance

A

NOT admissible to prove culpability BUT admissible for other purposes (ie, ownership, control, agency)

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