Motions in Limine for Insurance Coverage Litigation: Key Issues, Strategic Decisions, Pitfalls to Avoid, Responding

Effective motions in limine prevent a jury from even learning about improper or inadmissible evidence that would be unfairly prejudicial. But they may also seek affirmative determination that certain evidence will be admitted. In insurance coverage litigation, the defense may seek to prohibit certain types of expert testimony or testimony on topics related to insurance practices. Plaintiffs may seek to exclude testimony or documents related to irrelevant or extraneous personal information.

Motions in limine and each potential outcome must be evaluated in the context of the entire trial, including possible appeals. Educating the judge also educates opposing counsel. A motion that disposes of an entire claim or defense may actually do nothing more than create harmful error and guarantee reversal. Because motions in limine are determined before the trial starts based on "expected" evidence, rulings can change as evidence is presented or the judge or counsel change.

Assuming motions in limine are strategically warranted, they should be carefully prepared. Nothing annoys more than boilerplate, over-broad motions about generic evidence that is simply unfavorable.

Listen as our panel of experienced litigators guides counsel in best practices and strategies for effective use of motions in limine in insurance coverage litigation.