Policy Exclusions Flashcards
subsequential remedial measures
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)
compromise / settlement offers & negotiations
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
pleas & plea negotiations
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- a guilty plea that is later withdrawn
paying or offering to pay medical expenses
NOT admissible to prove liability BUT any related statements or factual admissions are ADMISSIBLE
liability insurance
NOT admissible to prove culpability BUT admissible for other purposes (ie, ownership, control, agency)