Hearsay Problems in NY Coverage Cases.

The Appellate Division of New York’s Second Department has just issued a ruling that could present issues in proving simple coverage cases.

The Court held that an insured’s statement to the insurer’s investigator, as well as the investigator’s report, were both inadmissible hearsay. It remains unclear why the Court focused its decision on the investigator’s report, rather than the testimony regarding the insured’s apparent admission, but we hope this misguided decision is taken to the Court of Appeals.