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Tuesday, September 15, 2009

Trial Practice: The Mention of Insurance at Trial

We all know that a defendant's liability insurance coverage should not be intentionally interjected into a personal injury trial. However, what happens when it is mentioned incidentally? The Court of Appeals just issued an opinion on this subject in Steward v. Smith, No. M2009-00048-COA-R3-CV (Tenn. Ct. App. Sept. 14, 2009). The Court of Appeals held that the mention of a defendant's liability insurance coverage will not per se cause a mistrial; nor does it necessitate a remittitur.

Here's a link to the opinion:

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