Policy Exclusions

Question 1

subsequential remedial measures

Answer 1

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)

Question 2

compromise / settlement offers & negotiations

Answer 2

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

Question 3

pleas & plea negotiations

Answer 3

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- a guilty plea that is later withdrawn

Question 4

paying or offering to pay medical expenses

Answer 4

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

Question 5

liability insurance

Answer 5

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