2011 ORS § 40.205¹

Rule 411. Liability insurance

(1) Except where lack of liability insurance is an element of an offense, 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.

(2) Subsection (1) of this section does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proving agency, ownership or control, or bias, prejudice or motive of a witness. [1981 c.892 §30]

Notes of Decisions

Evidence of insurer participation in insurance pooling agreement is not excludable evidence that insurer was insured against liability. Goddard v. Farmers Insurance Co., 202 Or App 79, 120 P3d 1260 (2005), modified 203 Or App 744, 126 P3d 682 (2006), affd 344 Or 232, 179 P3d 645 (2008)

Chapter 40

(Generally)

Notes of Decisions

General rule is that polygraph evidence is inadmissible in proceeding governed by Oregon Evidence Code. State v. Brown, 297 Or 404, 687 P2d 751 (1984)

Party could introduce results of polygraph test taken by spouse for purpose of showing that response of party upon learning polygraph results was reasonable. Fromdahl and Fromdahl, 314 Or 496, 840 P2d 683 (1992)

Where state law completely precludes reliable, materially exculpatory evidence, exclusion of that evidence violates Due Process Clauses of United States Constitution. State v. Cazares-Mendez, 233 Or App 310, 227 P3d 172 (2010), Sup Ct review allowed

2011 ORS § 40.205¹ Rule 411. Liability insurance

2011 ORS § 40.205¹

Rule 411. Liability insurance