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South Carolina Rule of Evidence: 411


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. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.


This rule is identical to the federal rule and is consistent with the law in South Carolina. Dunn v. Charleston Coca-Cola Bottling Co., 311 S.C. 43, 426 S.E.2d 756 (1993) (the fact that a defendant is protected from liability by insurance shall not be made known to the jury); Sarvis v. Register, 288 S.C. 236, 341 S.E.2d 791 (1986) (generally, the existence of insurance should not be brought to the attention of the jury).


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