Brown v. Liberty Mutual Insurance

VEASEY, Chief Justice.

The pivotal issue in this case is the admissibility of hearsay evidence. Here, the trial judge excluded evidence of a physician’s office notation offered by a patient-claimant for the purpose of showing that the claimant’s insurer refused in bad faith to pre-authorize a necessary medical procedure. Having excluded this crucial evidence for the claimant’s intended purpose while admitting it for other limited purposes that were not applicable to support a finding of bad faith refusal to authorize required medical treatment, the Superior Court entered judgment as a matter…