Class 4: Offers to Pay Medical Expenses, Plea Bargaining and Liability Insurance - Jan. 18 Flashcards
Can a party offer evidence of insurance? (Q)
Yes. A party can offer evidence of health insurance, life insurance, or other forms of insurance. Additionally, evidence of liability insurance is admissible for purposes such as showing a witness’s bias or prejudice or for proving agency, ownership, or control.
(FRE 411)
For what purposes is evidence of liability insurance coverage inadmissible? (Q)
Evidence of liability insurance coverage (i.e., that a person did or did not have liability insurance) is inadmissible to:
(1) prove the person’s negligence or wrongfulness or
(2) prove that a defendant has the ability to pay a civil judgment against him.
(FRE 411)
For what purposes may a party offer evidence of liability insurance? (Q)
A party may offer evidence of liability insurance:
(1) to prove a witness’s bias or a witness’s prejudice or
(2) to prove an insurance policyholder’s agency, ownership, or control.
Evidence of liability insurance may also be offered if the insurance company is a direct party to the action (e.g., in a claim of bad faith against the insurance company). This is a non-exclusive list, so evidence of liability insurance could be offered for other purposes if the party does not offer the evidence to show that the insured acted negligently or otherwise wrongfully or that the defendant has the ability to pay a civil judgment.
(FRE 411)
The plaintiff was working as a flagman on a highway construction project when he was hit by a truck and badly injured. Despite extensive surgery, his legs were amputated. The plaintiff sued the driver of the truck for negligence. The truck driver called a doctor to testify that the plaintiff was already suffering from severe pre-existing circulatory problems that compromised his ability to heal after the surgery. On cross-examination, the plaintiff’s attorney asked if it was true that the doctor was frequently hired to testify on behalf of the driver’s insurance company. The defendant objected and moved to strike.
How should the court rule on the motion? (Q)
The court should deny the motion because a court can admit evidence of liability insurance to prove a witness’s bias. A party cannot admit evidence that a person was or was not insured against liability to prove that the insured acted negligently or otherwise wrongfully or to prove that the insured has the ability to pay a civil judgment against him. However, a court can admit evidence of liability insurance for any other purpose, including proving a witness’s bias.
Here, the plaintiff’s cross-examination was aimed at proving that the witness could be biased in favor of the defense in auto accident cases. Thus, the evidence is admissible and the court should deny the motion.
Is evidence of paying, promising to pay, or offering to pay medical expenses or other similar expenses resulting from an injury admissible to prove liability for the injury? (Q)
No. Evidence of paying, promising to pay, or offering to pay medical expenses or other similar expenses resulting from an injury is not admissible to prove liability for the injury. Unlike the rule regarding settlement offers, offers to pay for medical expenses do not have to relate to a disputed claim to be deemed inadmissible.
(FRE 409)
Is evidence of paying, promising to pay, or offering to pay medical expenses or other similar expenses resulting from an injury admissible for purposes other than proving liability for the injury? (Q)
Yes. Similar to other policy-based exclusions, although evidence of paying, promising to pay, or offering to pay medical expenses or other similar expenses resulting from an injury is not admissible to prove liability for the injury, this evidence may be admissible for other purposes (e.g., impeachment).
(FRE 409)
Is evidence of statements or conduct surrounding the act of paying, promising to pay, or offering to pay medical expenses admissible? (Q)
Yes. Although evidence of paying, promising to pay, or offering to pay medical expenses or other similar expenses resulting from an injury is not admissible to prove liability for the injury, this rule does not bar evidence of conduct or statements that are not part of the act of furnishing payment or offering or promising to pay medical expenses. However, it is possible that those statements or conduct would be barred by the rule regarding settlement offers, if the offer is made in the context of settlement negotiations.
(FRE 409)
Are guilty pleas that are later withdrawn, no contest pleas, and statements made during negotiations related to these pleas admissible against a defendant in a subsequent criminal or civil case? (Q)
No. Guilty pleas that are later withdrawn, no contest pleas, and statements made during negotiations related to such pleas are not admissible against a defendant in a subsequent criminal or civil case. The purpose of this rule is to encourage parties to enter into plea bargains. This rule does not cover:
(1) accepted pleas or statements made during negotiations that lead to accepted pleas,
(2) statements made after a plea is accepted but before it is withdrawn (because these statements are not during plea negotiations), and
(3) statements made during police interrogation sessions (because these discussions generally are not authorized plea negotiations).
(FRE 410)
Under what circumstances may a court admit a defendant’s otherwise-inadmissible statement made during plea negotiations? (Q)
A defendant’s otherwise-inadmissible statement made during plea negotiations may be admissible:
(1) if another statement made during the same plea negotiations was introduced and fairness dictates that the jury should consider the statements together or
(2) in a criminal proceeding for perjury or false statements, if the defendant made the statement under oath, on record, and with counsel present.
(FRE 410)
May a defendant agree to waive the protections of the rule excluding evidence of statements made during plea negotiations? (Q)
Yes. A defendant may agree to waive the protections of the rule excluding evidence of statements made during plea negotiations, so long as the defendant does so in advance of entering plea negotiations and there is no affirmative indication that the defendant entered the waiver agreement unknowingly or involuntarily.
(FRE 410)
If a defendant reasonably believes that she is engaging in a plea bargain, are her statements protected? (Merritt)
Yes. Under FRE 410, as long as the defendant reasonably believes she is engaging in a plea bargain, Rule 410 will protect his statements. Must have offer and consideration.
(Quiz)
Does FRE 410 bar the prosecutor from using a witnesses statements made in a plea bargain against another defendant in a separate trial? (Merritt)
No. Rule 410 does not bar the prosecutor from using them against another defendant, only against “the defendant who made the plea or participated in the plea discussions.”
(Quiz)
What is the purpose of not allowing liability insurance to be introduced to prove liability? (Q)
This rule is in place to prevent a jury from making an improper inference that if a party carries liability insurance, the party may be more likely to be reckless than if the party did not carry the coverage, or vice versa. Further, this rule serves the public policy goal of encouraging people to maintain this type of insurance.
What is the purpose (policy) of not allowing evidence of offers of paying, promising to pay, or offering to pay medical expenses or other similar expenses resulting from an injury? (Q)
The purpose of this rule is to encourage parties to make the humane gesture of offering to pay an injured individual’s medical expenses.
What does FRE 409 govern? (LII)
FRE 409 governs offers to pay medical and similar expenses.
