Nursing Home Motion 7 - Motion to Bar Insurance Coverage Evidence

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.