NOTES TO RULE 411
HISTORY:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1933; Mar. 2, 1987, eff. Oct. 1, 1987.)
Notes of Advisory Committee on Rules.
The courts have with substantial unanimity rejected evidence of liability insurance for the purpose of proving fault, and absence of liability insurance as proof of lack of fault. At best the inference of fault from the fact of insurance coverage is a tennuous one, as is its converse. More important, no doubt, has been the feeling that knowledge of the presence or absence of liability insurance would induce juries to decide cases on improper grounds. McCormick § 168; Annot., 4 A.L.R.2d 761. The rule is drafted in broad terms so as to include contributory negligence or other fault of a plaintiff as well as fault of a defendant.
The second sentence points out the limits of the rule, using well established illustrations. Id.
For similar rules see Uniform Rule 54; California Evidence Code § 1155; Kansas Code of Civil Procedure § 60-454; New Jersey Evidence Rule 54.
Notes of Advisory Committee on 1987 amendments to Rules.
The amendment is technical. No substantive change is intended.