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Bonser v. Shainholtz
Colorado Court of Appeals
983 P.2d 162 (1999)
Kelly Bonser (plaintiff) sued Dr. Todd Shainholtz (defendant) for dental malpractice. Over Shainholtz’s objection, the trial court admitted evidence that Shainholtz and an expert witness were insured by the same insurance trust. The trial court ruled that the common insurance was evidence of the expert’s bias because payment of a claim made against Shainholtz would come from the expert’s shared insurance pool. The jury returned a verdict in Bonser’s favor. Shainholtz appealed, arguing that there was not sufficient evidence of bias to overcome Colorado Rule of Evidence 411, which prohibited the introduction of a party’s liability insurance to prove that the party was liable.
Rule of Law
Holding and Reasoning (Metzger, J.)
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