Does the Defendant have insurance?

William E. Johnson
July 16, 2012

Yes, the defendant probably has insurance. Plaintiff's generally do not waste their time suing a defendant without insurance because it is too difficult to collect a money judgment against an average individual. As such, 99% of the time, the defendant in a lawsuit has insurance. However, because  the court's fear that this information might result in a jury to returning a verdict in favor of the plaintiff or higher than the evidence supports simply because the verdict will be paid by insurance, the jury is never told that the defendant is covered by insurance. If insurance is mentioned during a trial, a mistrial will occur.

Despite the fact that jurors are never told whether or not a defendant is covered by insurance, I believe that most jurors probably know that the defendant is covered by insurance.