RULE 411. LIABILITY INSURANCE
Effective Date: 3/1/1990
Obsolete Date: 3/1/2014
Evidence that a person was or was not insured against liability is not admissible upon the issue of whether the person acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability if offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.
Rule 411 was amended, effective March 1, 1990; March 1, 2014.
The reason for the rule is that the existence or nonexistence of liability insurance is of low probative value as to the issue of negligence, and may be prejudicial.
The second sentence of the rule merely states that evidence of insurance need not be excluded if offered for another purpose to which it may be relevant.
Rule 411 was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Rule 411 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
SOURCES: Joint Procedure Committee Minutes of April 26-27, 2012, pages 19-20; March 24-25, 1988, page 12; December 3, 1987, page 15; April 8, 1976, page 26. Fed.R.Ev. 411; Rule 411, SBAND proposal.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. §§ 39-16-03, 39-16-11, 49-18-33.