O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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.
History
Code 1981, § 24-4-411, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2013, p. 141, § 24/HB 79.
Annotations
Cross references. Liability insurance for performance of
educational duties authorized, § 20-2991. 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 Ga. App. LEXIS 399 (2016).
RESEARCH REFERENCES ALR. Abuse and Molestation Exclusion in Liability Insurance Policies, 57 A.L.R.7th 1.
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 2016–2026 · leading case:
State v. Orr, 827 S.E.2d 892 (Ga. 2019).
State v. Orr, 827 S.E.2d 892 (Ga. 2019).
· cites it 2× “See OCGA §§ 24-4-411 (evidence of liability insurance for some purposes), 24-6-609 (evidence of prior criminal conviction to impeach the accused and evidence of a more-than-ten-years-old prior conviction to impeach a witness), and 24-7-703 (otherwise inadmissible facts and data…”
BROWN v. TUCKER; & Vice Versa, 788 S.E.2d 810 (Ga. Ct. App. 2016).
· cites it 4× “OCGA § 24-4-411 prohibits the admission of evidence that someone was or was not insured against liability in a civil damages case not involving a common carrier, unless the evidence is offered for a relevant purpose and the trial court “finds that the danger of unfair prejudice…”
Sterling Tyrone Brown, Sr., as Surviving Spouse v. Se. Pain Specialists, P.C., 794 S.E.2d 217 (Ga. Ct. App. 2016).
· cites it 4× “190, 197 (5) ( 730 SE2d 444 ) (2012) (“It is a well-settled appellate rule that one cannot complain about a 10 OCGA § 24-4-411 prohibits the admission of evidence that someone was or was not insured against liability in a civil damages case, unless the evidence is offered for a…”
Lorrene Woods v. Shawn Heath (Ga. Ct. App. 2024).
· cites it 8× “After a hearing, the trial court denied the motion for new trial, finding that OCGA § 24-4-411 afforded the court discretion to admit evidence of insurance and it allowed the jury to “be permitted to learn of the presence of State Farm to correct any misconception that [Woods]…”
State v. Orr, 305 Ga. 729 (Ga. 2019).
· cites it 2× “See OCGA §§ 24-4-411 (evidence of liability insurance for some purposes), 24-6-609 (evidence of prior criminal conviction to impeach the accused and evidence of a more-than-ten-years-old prior conviction to impeach a witness), and 24-7-703 (otherwise inadmissible facts and data…”
Cijii Lundy v. Joel Kemp (Ga. Ct. App. 2026).
· cites it 2× “OCGA § 24-4-411 (“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.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.