Legal Opinion

Hochhauser v. Electric Insurance

Appellate Division of the Supreme Court of the State of New York

Decided October 23, 2007PublishedCited by 28 opinions

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

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Lanza v. WagnerNew York Court of Appeals · 1962
  3. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  4. In re Leon RRNew York Court of Appeals · 1979
  5. Johnson v. LutzNew York Court of Appeals · 1930

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3Cited by28 opinions

  1. Roldan v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2011
  2. Stock v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Diaz v. Audi of America, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Art of Healing Medicine, P.C. v. Travelers Home & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  5. Silva v. FC Beekman Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2012

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