Whalen v. State Farm Mutual Automobile Insurance

Appellant is, of course, correct — the evidence which was admitted to show the policy limits was inadmissible as hearsay. It was acknowledged during oral argument that Exhibit 1 was a nullity. We conclude that Exhibit 18 was also inadmissible. It consisted of a copy of what purported to be the particular insurance policy. What the defendant ostensibly sought to prove was the contents of the policy. Counsel for defendant attempted this proof by the following declaration 1 appended to the copy of the policy:

“I hereby declare that I have examined the records in the office of State Farm Fire and…