Senders v. CNA Insurance Companies

ARNOLD, J.S.C.

The issue raised by the plaintiffs offer of proof is whether evidence that the plaintiff offered to take a polygraph examination is admissible to prove a material fact not in dispute. This issue is a novel one in the context of a civil action in the reported decisions in this State.

On July 27, 1983, the plaintiffs furniture store on Route 202 in Branchburg Township was destroyed by fire. Police investigation revealed that the fire was the result of arson. Plaintiff brought suit against CNA Insurance (“CNA”) alleging that *520CNA failed to pay plaintiff all sums to which he was…