A New York appeals court recently answered a unique evidentiary question: Does a statement made by a policyholder during an insurance probe constitute admissible hearsay under the business-records exception? No, it does not, the Appellate Division, 2nd Department, ruled.

Plaintiff Rachel Hochhauser sought a declaratory judgment stating that her son’s insurer, Electric Insurance Co., was obligated to provide her with uninsured motorist benefits after she was struck by a car and suffered a fractured leg while vacationing in Brooklyn from Florida.

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