Invisible Insurance

Invisible Insurance

When you bring suit to recover for injuries caused by someone else, you sue the responsible party. You may not name the responsible party’s insurance company in the suit.  In fact, if reference is made in the presence of the jury to the fact that there was insurance, a mistrial would be declared.

The judicial system routinely praises the wisdom and sanctity of the jury. Yet somewhere along the way, it has convinced itself that a jury will award money irresponsibly if it finds out that there is insurance coverage. What the system does in response is bend over backwards to give the jury the false impression that a verdict for an injured party must be paid out of the pocket of the responsible party. That is virtually always untrue in personal injury cases.

To promote that falsehood is to mislead the jury. Luckily, I don’t believe that our jurors are fooled. They aren’t naïve. They assume that there’s insurance. And the record is clear that that doesn’t cause our juries to act irresponsibly.

By:  Peter G. Webb

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