We can’t Mention Insurance in the Courtroom…WTF?!

It’s the same in federal and most other state courts.

I’m sure jurors would like to know whether the defendant has insurance. And there’s no question the plaintiffs want the jury to know there’s insurance. But, unless things really take an unexpected turn, insurance cannot be mentioned.

It’s kind of surreal that everyone knows there is insurance—or that there should be insurance—but the word is never mentioned.

But is that enough? I have my doubts.

And it’s those doubts that make it so easy to empathize with clients when they express dismay and disbelief that the jury is never going to find out that the young school teacher, nurse, retiree, etc. has a $5M insurance policy and absolutely no personal exposure.

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