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Insurance coverage and Private Damage Legislation in Rhode Island – Why Do We Decieve the Jury?


The Difficulty of whether or not Defendant’s procurement or lack of procurement of Legal responsibility Insurance coverage needs to be disclosed to the Jury is a really thorny situation in a negligence trial. A wrongful disclosure of Legal responsibility Insurance coverage to the Jury in a Rhode Island Private Damage Trial might trigger upheaval on the trial. Such a disclosure might prejudice the jury improperly. The wrongful disclosure might trigger the choose to begin a brand new trial or trigger the choose to situation a healing instruction to the jury. What’s the Rhode Island Legislation or rule that governs Insurance coverage Disclosures at Rhode Island Private Damage or Premises Legal responsibility Trials? Why is it so harmful to the notion of justice and a good trial that Juries not be instructed whether or not the Defendant has Legal responsibility Insurance coverage?

“Rule 411 states that proof that an individual was or was not insured towards legal responsibility is just not admissible upon the problem whether or not he acted negligently or in any other case wrongfully. R.I. R. Evid. 411. The rule is meant to discourage inquiry right into a defendant’s indemnity in a way calculated to affect the jury.” Lemont

A wrongful and illegal disclosure to the jury of Legal responsibility Insurance coverage “could also be cured by a well timed cautionary instruction. Id., 330 A.second at 78. The Rhode Island Superior Court docket Choose should decide whether or not such wrongful disclosure”so irreparably prejudiced the Defendant as to require a brand new trial.” Cochran v. Dube, 114 R.I. 149, 152, 330 A.second 76, 78 (R.I. 1975)

Why is proof of Defendant’s Insurance coverage or Lack of Insurance coverage so dangerous to the administration of justice and the notion of a good trial? There are lots of causes:

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