In all civil proceedings involving a claim for damages, evidence that a person was or was not insured against liability shall not be admissible except as provided in this Code section. This Code section shall not require the exclusion of evidence of insurance against liability in proceedings under Code Section 40-1-112 or when such evidence is offered for a relevant purpose, including, but not limited to, proof of agency, ownership, or control, and the court finds that the danger of unfair prejudice is substantially outweighed by the probative value of the evidence.
(Code 1981, §24-4-411, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2013, p. 141, § 24/HB 79.)
The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, substituted "Code Section 40-1-112" for "Code Section 46-7-12" in the second sentence of this Code section.
Cross references.- Liability insurance for performance of educational duties authorized, § 20-2-991.
Liability insurance, Fed. R. Evid. 411.
Law reviews.- For annual survey on evidence law, see 70 Mercer L. Rev. 97 (2018).
JUDICIAL DECISIONS
Testimony from passenger on receipt of settlement.
- Trial court did not abuse the court's discretion by ruling that a second passenger's testimony was admissible because the jury heard no direct evidence regarding the defendant's liability insurance, only that the second passenger and others had received money to settle any claims against the defendant and that the truck driver had not paid any money and the court properly balanced the plaintiff's interest in showing that the second passenger could possibly be biased against the defendant's interest. Brown v. Tucker, 337 Ga. App. 704, 788 S.E.2d 810 (2016).