The question of whether the defendant’s purchase or failure to purchase liability insurance should be disclosed to the jury is a very thorny issue in a negligence trial. Improper disclosure of liability insurance to the jury in a Rhode Island personal injury trial could cause disruption to the trial. Such disclosure could unduly prejudice the jury. Unlawful disclosure may cause the judge to start a new trial or the judge to issue a curative order to the jury. What is the Rhode Island Law or Rule Governing Insurance Disclosures in Rhode Island Personal Injury or Premises Liability Lawsuits? Why is it so dangerous to the notion of justice and a fair trial if juries are not informed if the defendant has liability insurance?
“Rule 411 states that evidence that a person was or was not insured against liability is not admissible on the question of whether they acted negligently or wrongfully. RIR Evid. 411. The rule is intended to discourage investigation into indemnity of the defendant in a calculated manner to influence the jury”. The mountain
Improper and illegal disclosure to the liability insurance jury “can be remedied by a timely preventive instruction.” require a new trial.” Cochran v. Dube, 114 RI 149, 152, 330 A.2d 76, 78 (RI 1975)
Why is evidence of Defendant’s Insurance or Lack of Insurance so damaging to the administration of justice and the notion of a fair trial? There are many reasons:
1) The Jury may decide the case not on the central issue of the case: the defendant’s negligence. but finds in favor of the plaintiff because the Insurance Company has a lot of money to pay the claim.
2) The Plaintiff may incorrectly claim that the only reason he or she purchased the Insurance was because he or she must have known that a dangerous condition existed.
An example of this is The mountain in which the court stated “Particularly problematic examples include Plaintiffs’ statements that Defendant had a dangerous [situation], so he bought insurance to cover it in case there was an accident; and that landlords should honor it with insurance when they make mistakes.”
3. If the Defendant can obtain evidence that the Defendants lack insurance coverage, this could elicit sympathy from jurors. The jury may be sympathetic to the defendant’s financial situation and find in favor of the defendant. The defendant’s ability and resources to pay a judgment is not something a jury should consider when determining a Rhode Island personal injury case.
There are many other reasons that courts withhold information about a defendant’s liability insurance for the jury.
There are also numerous exceptions to this liability insurance rule.” Rule 411 specifically provides for the admission of liability insurance evidence when it is offered for other purposes, including “bias or bias of a witness, or when the court determines that it is in the interest of justice evidence of insurance or lack of insurance must be permitted.” OLIVERA v. JACOBSON
