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HOCHHAUSER v. ELECTRIC INS.

46 A.D.3d 174 (2007)

844 N.Y.S.2d 374

RACHEL HOCHHAUSER, Appellant, v. ELECTRIC INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 23, 2007.

Attorney(s) appearing for the Case

Lester B. Herzog, Brooklyn, for appellant.

Herzfeld & Rubin, P.C., New York City (David Hamm and Herbert Lazar of counsel), for respondent.

SPOLZINO, J.P., GOLDSTEIN and FISHER, JJ., concur.

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...

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