Business Records Exception to Hearsay Rule Inapplicable to Insured's Statement in Insurance Investigation Report
Hochhauser v. Electric Ins. Co. (NY App. Oct. 23, 2007)
Court holds that neither insured's statement in insurance investigation report, nor testimony regarding statement, are admissible at a hearing under the business records exception to the hearsay rule, since insured lacks a business duty, as opposed to a contractual duty, to report to insurer in the course of its investigation regarding insurance coverage.
