Chapter 10 - § 10.17 INSURANCE

• Jurisdiction: Colorado

§ 10.17 INSURANCE

Colorado

➢ General. "Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness." CRE 411.

➢ Admissibility. "[E]vidence of a party's liability insurance is irrelevant to the question of whether he acted negligently or otherwise, and as such, any allusion to insurance coverage is improper." Thus, the trial court erred in refusing a severance of the insurer from an action for claims for personal injuries to the insured. Prudential Prop. & Cas. Ins. Co. of America v. District Court for the Seventeenth Judicial District, 617 P.2d 556, 559 (Colo. 1980).

➢ Exception. Evidence of insurance against liability may be offered for other purposes, including bias or prejudice of a witness. Thus, in Evans v. Colorado Permanente Medical Group, P.C., 902 P.2d 867, 874 (Colo. App. 1995), modified on other grounds, 926 P.2d 1218 (Colo. 1996), the court held that evidence that a defendant was a board member of the insurance company was relevant to show bias or prejudice of the witness.
➢ Mention During Voir Dire. Counsel may ask the insurance question during voir dire in order to determine the prejudices and biases of prospective jurors. Smith v. District Court, 907 P.2d 611, 612 (Colo. 1995); see also Herrera v. Lerma, 2018 COA 141.

➢ Inadvertent Mention. The mere inadvertent or incidental

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