H538: Transparence in Evidence Standards. Latest Version

2021-2022

House
Passed 1st Reading



AN ACT amending rule 411 of the north carolina rules of evidence concerning the interpretation of what constitutes insurance under the collateral source rule.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 8C‑1, Rule 411 of the North Carolina Rules of Evidence, reads as rewritten:

Rule 411. Liability insurance.

(a)        Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability or coverage limits when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.

(b)        The term insurance as used in subsection (a) of this rule bars parties from introducing evidence of any payments made by insurance under the collateral source rule. The term insurance shall not be construed to infer that evidence of any of the following are barred by subsection (a) of this rule:

(1)        Health insurance.

(2)        Disability insurance.

(3)        Other forms of benefits that may be characterized as insurance.

SECTION 2.  This act becomes effective October 1, 2021, and applies to proceedings pending on or after that date.