Hochhauser v. Electric Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
McCarthy, J.
These appeals present a novel issue as to whether an insured’s statement in an insurance investigation report, as well as testimony regarding the statement, are admissible at a hearing under the business records exception to the hearsay rule. We hold that, since an insured lacks a business duty, as opposed to a contractual duty, to report to his or her insurer in the course of its investigation regarding insurance coverage, neither the insured’s statement nor testimony regarding such a statement is admissible pursuant to the business records exception to the…
2Cases cited50 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Lanza v. WagnerNew York Court of Appeals · 1962
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- In re Leon RRNew York Court of Appeals · 1979
- Johnson v. LutzNew York Court of Appeals · 1930
45 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Roldan v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2011
- Stock v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Diaz v. Audi of America, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Art of Healing Medicine, P.C. v. Travelers Home & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Silva v. FC Beekman Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2012
23 more not listed; retrieve them via the Exa API.