BROWN v. LIBERTY MUT. INS. CO.

No. 115, 2000.

774 A.2d 232 (2001)

Michelle BROWN, Plaintiff Below, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: June 13, 2001.


Attorney(s) appearing for the Case

Douglas B. Catts, Esquire (argued), and Donna L. Harris, Esquire, of Schmittinger & Rodriguez, P.A., Dover, Delaware, Attorneys for Appellant.

Nancy Chrissinger Cobb, Esquire (argued), and Christopher T. Logullo, Esquire, of Chrissinger & Baumberger, Wilmington, Delaware, Attorneys for Appellee.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER and STEELE, Justices, constituting the Court en Banc.


VEASEY, Chief Justice.

The pivotal issue in this case is the admissibility of hearsay evidence. Here, the trial judge excluded evidence of a physician's office notation offered by a patient-claimant for the purpose of showing that the claimant's insurer refused in bad faith to pre-authorize a necessary medical procedure. Having excluded this crucial evidence for the claimant's intended purpose while admitting it for other...

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