Policy Exclusions

Question 1

Subsequent Remedial Measures

Answer 1

A subsequent remedial measure under the federal rules cannot be offered to prove fault but can be used to prove something else like ownership or control. These rules include product defect issues, where the defense would first have to claim no feasible alternative design.

CA: Same, but does not include product liability cases.

Question 2

Offers of Compromise

Answer 2

(1) There must be a dispute between the parties. Otherwise, this is an admission.
(2) Must be an “if then” statement.
(3) Must be a clear offer of compromise.

Question 3

Offer to Pay Medical Expenses

Answer 3

Federal: Excluded to show fault. However, in a statement of “It’s all my fault, let me pay your expenses,” “it’s all my fault” would still come in. In CA, both parts would be excluded.

CA: Also excludes statements of sympathy and apology.

Question 4

Liability Insurance

Answer 4

Evidence of liability insurance is not admissible to show fault but is admissible to show ownership or control.