5. Liability insurance (FRE 411)
a. Rationale
i) Irrelevant
ii) Jury bias
It affects the regret matrix – a juror who knows that a D was insured may feel less regret at mistakenly holding D liable than she would if she thought the D himself would have to pay for the harm.
b. Inadmissible
Such evidence is inadmissible to show negligence or otherwise wrongdoing or to show ability to pay.
c. Admissible
It is admissible to prove ownership, control, bias of a witness.
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