Evidence-Wellborn SU2006 Outline

another example of where liability testimony can be

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Unformatted text preview: knowing where someone is coming from is HUGE Was the question of what companies Alder represented inadmissible under Rule 411? Holding: No "In this case the fact that defendant's insurer employed Mr. Alder was clearly admissible to show possible bias of that witness. o Not inadmissible under 403 either, probative value of the evidence far outweighs any danger of unfair prejudice besides there is no indication in the record or briefs of the parties that evidence of this insurance prejudiced the D. Notes: The fact of liability insurance can become relevant in situations where a witness has an affiliation of some kind with the unseen real party involved on the defense side [the insurance company] Idiot trial judge didn't let it come out that the witness has a profitable relationship with the insurance company who is going to pay in this case, that puts a whole different color on his testimony and it should have been brought out!! Another example of where liability testimony can be shown: Ownership or control If defendant claims that he doesn't own this instrumentality or premises, the fact that he has liability insurance on it is admissible to dispute this denial. Lack of insurance also not admissible. Rule 411 addresses only liability insurance but evidence that the plaintiff was covered by health, disability, or accident insurance is also normally n...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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