Rule 411. Liability Insurance

• Library: South Carolina Evidence Annotated (SCBar) (2019 Ed.)

Rule 411. Liability Insurance

Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person 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.

Note:

This rule is identical to the federal rule and is consistent with the law in South Carolina. Dunn v. Charleston Coca-Cola Bottling Co., 311 S.C. 43, 426 S.E.2d 756 (1993) (the fact that a defendant is protected from liability by insurance shall not be made known to the jury); Sarvis v. Register, 288 S.C. 236, 341 S.E.2d 791 (1986) (generally, the existence of insurance should not be brought to the attention of the jury).

Annotations Rule 411

Joint and Several Liability

"[C]harging the jury on the concept of joint and several liability would be similar to charging the jury on the existence of liability insurance, something that is specifically proscribed by South Carolina law. The same policy considerations which support the rule regarding informing the jury about the existence of insurance require that the jury not be instructed on joint and several liability. The prejudice inherent in such an instruction is manifest." Fernanders v. Marks Constr. of S.C., Inc.,...