Section 20 Admissibility of Discussions and Negotiations Between Insured and Insurer

• Library: Damages 2012

In keeping with the usual rule, there is authority for the proposition that offers of settlement by the insurer should not be admitted in evidence. See Bergerson v. Gen. Ins. Co. of Am. of Seattle, Wash., 105 S.W.2d 1015, 1020 (Mo. App. W.D. 1937). Other cases have held, however, that communications showing the insured’s attempts to obtain payment and the reasons given by the insurer in avoiding or delaying payment are admissible even though they may contain self-serving statements by the insured. See:

Allen v. State Farm Mut. Auto. Ins. Co., 753 S.W.2d 616, 621 (Mo. App. E.D. 1988)

Shafer v. Auto. Club Inter-Ins. Exch., 778 S.W.2d 395, 400–01 (Mo. App. S.D. 1989)

Wollums v. Mut. Ben. Health & Accident Ass’n, 46 S.W.2d...