Coronavirus Update: To New & Existing Clients Learn More ›

Super Lawyers
Illinois State Bar Association
Justia Lawyer Rating
Million Dollar Advocates Forum
Avvo Rating
BBB Accredited Business

Nursing Home Motion 7 - Motion to Bar Insurance Coverage Evidence

Download PDF Version

Motion in Limine to Bar Evidence of or Reference to Liability Insurance Coverage

NOW COMES Defendant SNOW VALLEY HEALTH RESOURCES, INC. (“SNOW VALLEY” or “SNOW VALLEY NURSING FACILITY”), by and through its attorneys, SONIA V. ODARCZENKO and CLAUSEN MILLER P.C., and for its Motion in Limine, brought prior to the selection of a jury and commencement of trial, hereby moves this Honorable Court to prohibit all parties from introducing evidence, testimony or making reference or comments before the jury relating to the existence of liability insurance coverage for the Defendant, for any costs or damages which may result herein, and in support hereof states as follows:

1. It is well settled in Illinois law that it is generally reversible error to offer evidence to inform the jury in a personal injury action such as the instant action whether there is or there is not insurance coverage available to cover any potential exposure in the lawsuit. The reason for this rule is that whether a person is or is not insured has no bearing on whether that person is or is not liable for the personal injury or wrongful death of another. Imparato v. Rooney, 95 Ill. App. 3d 11, 419 N.E.2d 620 (1st Dist. 1981), Huber v. Seaton, 186 Ill. App. 3d 503, 542 N.E.2d 464 (2d Dist. 1989).

2. Reference to liability insurance coverage in the instant case would not serve to demonstrate that the Defendants are liable to the Plaintiff, but would serve only to prejudice a jury against the Defendants, as the jury would be improperly advised of the Defendants' ability to pay a judgment.

WHEREFORE, for the foregoing reasons, Defendant SNOW VALLEY NURSING FACILITY prays that this Honorable Court enter an Order granting its Motion in Limine and for a protective order as set forth above.

250M + Recovered for Our Clients
No Fee Guarantee We Never Charge a Fee Unless We Win
Available 24/7 Available 24-Hours per Day When You Need Us
Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa