Insurance coverage - Next Generation Bar Exam

  1. A defendant denies owning the truck involved in a crash. The plaintiff offers the defendant's insurance policy covering the truck. For what purpose is the policy admissible?
    To prove ownership or control of the truck. FRE 411 does not bar insurance evidence offered for a purpose other than fault.
  2. Under FRE 411, for what purposes may evidence of liability insurance be admitted?
    Purposes such as proving a witness's bias, agency, ownership, or control. The listed purposes are examples, not an exclusive list.
  3. In a negligence suit, the plaintiff offers evidence that the defendant carried an unusually large liability policy, to suggest the defendant expected to cause harm. How should the court rule?
    Exclude the evidence under FRE 411. It is offered to prove wrongful conduct, the forbidden purpose.
  4. What tool may a court use when insurance evidence is admitted for a permitted purpose?
    A limiting instruction under FRE 105. The court may also exclude it under FRE 403 if unfair prejudice substantially outweighs its probative value.
  5. A defense expert testifies in a tort case. The plaintiff seeks to show the expert is employed by the defendant's liability insurer. For what purpose is the evidence admissible?
    To show the expert's bias. Bias of a witness is an expressly permitted purpose under FRE 411.
  6. Under FRE 411, for what purpose is evidence of liability insurance inadmissible?
    To prove whether the person acted negligently or otherwise wrongfully. The rule applies to both the existence and the absence of insurance.
  7. What is the policy basis for FRE 411?
    Insurance is weak evidence of fault and may lead jurors to decide on improper grounds. Jurors may inflate damages against an insured party or excuse an uninsured one.
  8. What is the status under FRE 411 of evidence that a defendant lacked liability insurance, offered to show the defendant drove carefully?
    It is inadmissible, because the absence of insurance is offered to prove careful conduct, the one purpose Rule 411 forbids. The rule excludes evidence that a person was or was not insured.

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