§ Rule 411. Liability insurance

Codes > Pennsylvania Statutes and Consolidated Statutes > Rules of > Article IV > Rule 411.

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.

Comment: This rule is identical to F.R.E. 411 and is consistent with Pennsylvania law that evidence of insurance may be admitted, notwithstanding some prejudicial effect, if the evidence is relevant to prove an issue other than negligence or wrongful conduct. E.g., Beechwoods Flying Serv. v. Al Hamilton Contracting Corp., 504 Pa. 618, 476 A.2d 350 (1984); Price v. Yellow Cab Co., 443 Pa. 56, 278 A.2d 161 (1971) (plurality) (collecting cases); Fleischman v. Reading, 388 Pa. 183, 130 A.2d 429 (1957); Copozi v. Hearst Publishing Co., 371 Pa. 503, 92 A.2d 177 (1952); McGowan v. Devonshire Hall Apartments, 278 Pa. Super. 229, 420 A.2d 514 (1980); Jury v. New York Central R.R. Co., 167 Pa. Super. 244, 74 A.2d 531 (1950). As with all evidence, evidence not excluded by this rule may be excluded under Pa.R.E. 403.