FORD MOTOR CREDIT v. U.S. FIDELITY & GUAR.


1994 Mass. App. Div. 46 (1994)

Ford Motor Credit Corporation vs. United States Fidelity and Guaranty Corporation, and others

Massachusetts Appellate Division, Municipal Court.

March 23, 1994.


Attorney(s) appearing for the Case

David Hern for the plaintiff.

John A. Leslie for defendant United States Fidelity and Guaranty Corporation.

Present: Kelly, Hershfang & Meagher, JJ.


Hershfang, J.

To recover on an insurance policy issued by the defendant, United States Fidelity and Guaranty Corp., plaintiff had to establish that the motor vehicle covered by the policy had been stolen. The plaintiff attempted to prove the theft, over appropriate claim of report, solely by the introduction of multiple levels of (or "totem-pole") hearsay. Because the evidence was devoid of trustworthiness we allow the report and find for defendant.

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