... Allows Admission in Evidence of Deceased Declarant's Statement Made in Good Faith, New Jersey Supreme Court Holds.
In In re Hanges v. Metropolitan Property & Casualty Insurance Co., Download In re Hanges v. Metropolitan Property & Casualty Insurance Co. (N.J., Opinion Filed June 21, 2010) also published as 2010 WL 2470997 (N.J. Opinion Filed June 21, 2010(Westlaw subscription required to access Westlaw), the New Jersey Supreme Court applied a Hearsay exception to allow in evidence in a civil action the out-of-court statements of "a person unavailable as a witness because of death if the statement was made in good faith," in pertinent part.
The out-of-court or Hearsay declarations there were, moreover, potentially important to the outcome of the civil case: The statements were the deceased person's remarks "concerning the cause of an automobile accident". In re Hanges, 2010 WL 2470997 at *1.
See generally Dennis J. Wall, "Litigation and Prevention of Insurer Bad Faith" ยง 2:7, "Miscellaneous Good Faith Requirements" (Shepard's/McGraw-Hill First Edition; West Publishing Co. Second Edition and 2010 Supplement).
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