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The Issue of whether Defendant's procurement or lack of procurement of Liability Insurance should be disclosed to the Jury is very thorny in a negligence trial. Wrongful disclosure of Liability Insurance to the Jury in a Rhode Island Personal Injury Trial could cause upheaval at the trial. Such disclosure could prejudice the jury improperly. The wrongful disclosure may cause the judge to start a new trial or cause the judge to issue a curative instruction to the jury. What is the Rhode Island Law or rule that governs Insurance Disclosures at Rhode Island Personal Injury or Premises Liability Trials? Why is it so dangerous to the notion of justice and a fair trial that Juries not be told whether the Defendant has Liability Insurance?
"Rule 411 states that evidence that a person was or was not insured against liability is not admissible upon the issue of whether he acted negligently or otherwise wrongfully. R.I. R. Evid. 411. The rule is intended to discourage inquiry into a defendant's indemnity in a manner calculated to influence the jury." Lemont
A wrongful and unlawful disclosure to the jury of Liability Insurance "may be cured by a timely cautionary instruction. Id., 330 A.2d at 78. The Rhode Island Superior Court Judge must determine whether such wrongful disclosure" so irreparably prejudiced the Defendant as to require a new trial." Cochran v. Dube, 114 R.I. 149, 152, 330 A.2d 76, 78 (R.I. 1975)
Why is evidence of Defendant's Insurance or Lack of Insurance so harmful to the administration of justice and the notion of a fair trial? There are many reasons:
2) Plaintiff can improperly assert that the only reason Plaintiff purchased Insurance was because he or she must have known there was a dangerous condition.
An example of this is Lemont in which the court stated "Particularly troublesome examples include Plaintiffs statements that Defendant had a dangerous [situation], so she bought insurance to cover it in case there was an accident; and that landowners should honor you by insurance when they make mistakes."
3. If the Defendant can get into evidence that the Defendant lacks Insurance coverage, this could evoke sympathy from the Jurors. The jury may sympathize with the defendant's economic plight and rule in favor of the defendant. The ability and resources of the Defendant to pay a judgment is not something a jury should consider when determining a Rhode Island Personal Injury Case.
There are numerous other reasons why the Courts withhold info concerning Defendant's Liability Insurance from the Jury.
There are also numerous exceptions to this Liability Insurance Rule." Rule 411 specifically provides for the admission of evidence of liability insurance when it is offered for other purposes, including "bias or prejudice of a witness, or when the court determines that in the interests of justice evidence of insurance or lack of insurance should be permitted." OLIVEIRA v. JACOBSON
David Slepkow is a Rhode Island lawyer concentrating on divorce, family law, personal injury, car accidents, premises liability, RI Truck Accidents, Motorcycle Accidents, child support, custody, and visitation.
David Slepkow was rated "Superb" by AVVO and received a Client Review rating of Preeminent by Martindale. David Slepkow Slepkow was recently honored to be sworn in as a member of the United States Supreme Court Bar.United States Supreme Court Bar member
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