Public Policy Exclusions

Question 1

Liability Insurance

Answer 1

Inadmissible to prove negligence / wrongful conduct

Admissible:
* To prove ownership or control, if disputed;
* To impeach a witness (usually to show their bias); or
* As part of an admission of liability, where the reference to insurance coverage cannot be severed without lessening its probative value as an admission of liability (for example, “Don’t worry, my insurance will pay it off”)

Question 2

Subsequent Remedial Measures

Answer 2

Evidence of repairs or other precautionary measures made following an injury inadmissible to prove negligence, culpable conduct, defect, or need for warning or instruction

Admissible:
* To prove ownership or control, if disputed;
* To rebut a claim that a precaution was not feasible; or
* To prove that the opposing party has destroyed evidence

Question 3

Civil Settlements & Settlement Negotiations

Answer 3

Settlements, offers, and coduct or statements in negotiations are not admissible to
* Prove validity or amount of claim
* Impeach by prior inconsistent statement or contradiction (Impeachment with bias is permitted)

Conduct or statements in civil negotiation with government/regulatory authority admissible in criminal case

Question 4

Disputed Claim Requirement (Civil Settlements & Settlement Negotiations)

Answer 4

Evidence excluded only if claim/indication of claim disputed as to validity or amount
* Furthermore, the claim must have been in dispute as to either (1) liability or (2) amount.

Question 5

Plea Discussions

Answer 5

The following are inadmissible:
* Offers to plead guilty
* Withdrawn guilty pleas
* No-contest pleas
* Statements in plea discussions

Question 6

Payment of and Offers to Pay Medical Expenses

Answer 6

Inadmissible to prove liability
* Accompanying admissions of fact admissible