MBE Rules · Evidence
Liability insurance
FRE 411
The rule
Evidence that a person was or was not insured against liability is inadmissible to prove negligence or wrongful conduct. Admissible for other purposes — agency, ownership, control, bias of a witness.
In plain English
You can't use someone's insurance status to show they were careless or did something wrong, but you can use it to show things like who owns something or if a witness might be biased.
Worked example
In a car accident case, the defendant's insurance status can't be used to argue he was at fault. However, it can be used to show he owns the car involved in the accident.
Memory hook
Insurance: can't prove guilt, can show slant. Liability coverage is off-limits for fault, but fair game for bias or control.
The trap
Students think: Insurance proves negligence. Wrong, because FRE 411 bars it for fault. The actual test is whether it shows bias or ownership.
How examiners test it
The MBE loves: accident and insurance mention. Question: is insurance admissible? Trap: students think yes for fault, but it's only valid for bias or control.
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