Last Updated: Aug 25, 2026
Read Time: 2 mins
Did you know that during most Tennessee state court jury trials, you will never hear the word “insurance?” That’s because 99% of the time, evidence of liability insurance is not admissible under the Tennessee Rules of Evidence.
Tennessee Rule of Evidence 411 provides that:
Evidence that a person was or was not insured against liability is not admissible upon issues of negligence or other wrongful conduct. 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.
Rationale
Rule 411 is based on the notion that disputes should be resolved based on the conduct of the people involved, not based on whether they have insurance.
Insurance Jury Instruction
Not everyone has insurance. Some people have some insurance, but not enough. Sometimes a person will have purchased an insurance policy only to find out that it won’t apply to pay damages in certain kinds of lawsuits. Sometimes the Judge will issue a jury instruction in Tennessee to help guard against improper consideration of insurance. When the instruction is used, the Judge tells the jury that:
[W]hether or not insurance exists has no bearing upon any issue in this case. You may not discuss insurance or speculate about insurance based on your general knowledge. There are sound reasons for this rule. A party is no more or less likely to be negligent because a party does or does not have insurance. Injuries and damages, if any, are not increased or decreased because a party does or does not have insurance.
Tennessee Pattern Jury Instruction – Civil 1.05.
Insurance Information Is Still Useful
Just because we can’t use evidence of insurance in jury trials doesn’t mean we can’t make good use of the information. Knowing whether parties are insured, and to what extent, helps us develop an efficient strategy for resolving a dispute, and it helps us give sound advice to our clients who are wondering if they should settle a claim or file a lawsuit.
Need help settling a claim with a liability insurance carrier?
We can help you. Patterson Bray has offices in Memphis and Nashville Tennessee. Call us at 901-372-5003 or email us here.
Patterson Bray
20+ Years of Experience
24/7 Call Answering
Nashville & Memphis Offices
Reach out to Patterson Bray and an attorney will follow up with you soon.
Posted on Google
Hailey Wade19 days agoTrustindex verifies that the original source of the review is Google.
Patterson Bray PLLC did an excellent job with my grandmother's estate planning, and made everything easy to understand! She recommended them to a friend who went and is also very satisfied with their services.Posted on Google
Deb Clark24 days agoMy experience with this firm, particularly Judith Denham has been truly exceptional. From the consultation to the finish, the attention to detail, listening and responding to my needs. My documents were completed timely and professionally. I highly recommend Patterson Bray.Posted on Google
Tanya White24 days agoPattersonBray Estate Planning was an incredible firm to work with setting up our Trust. Judith Denham was thorough, very smart, and personable as she patiently explained each part. Gabby put together a very professional beautiful binder for us to have, and has answered questions we have had since then. I am so glad they were recommended to us, and we had them to walk us through this procedure.Posted on Google
Charmaine Sego25 days agoPatterson Bray did a great job with my mother's trust.Posted on Google
Phil Chamberlain41 days agoPatterson Bray PLLC - first class lawyers.Posted on Google
Catherine McGee61 days agoHeath Taylor was a genuine joy to work with during my divorce: straight forward, professional, and knowledgeable. I do hope I never have the need to acquire more legal help, but if I do, he'll be my first call. Thank you for everything, Heath!!Posted on Google
Marva Johnson67 days agoI FOUND PATTERSON BRAY AND JUDITH DENHAM TO BE PROFESSIONAL, VERY THOROUGH, AND PERSONAL. I DID NOT FEEL LIKE A CLIENT, BUT A PERSON. I AM SO IMPRESSED WITH THEM, ESPECIALLY JUDITH AND GABBY. VERY GRATEFUL FOR ASSISTANCE. M.JOHNSONPosted on Google
Pam Nicole68 days agoWe set up a trust with Judith, at Patterson Bray and we received excellent service. Everything was explained thoroughly and everyone was very friendly and professional. I would definitely use her and the firm again, if needed.Posted on Google
Steven Creasy89 days agoRachel was amazing and professional. Highly recommend. Thank you!Posted on Google
Lea Carr103 days agoPatterson Bray has a fantastic team and is always quick to respond for any need that I have. They are also great to refer clients, family, and friends to.
comes next.
