Is "I Want My Insurance Canceled!" Hearsay?
If So, Is the Statement Barred by Hearsay Rule?
PP sues DD's insurer, International Insurer, in a so-called "direct action state." PP claims that she was injured on June 1, 2000, as a result of the negligent driving of DD, International's insured. At the trial International offers to show that on May 15, 2000, DD called one of II's agents on the telephone and said, "I want my insurance canceled."
Question:
Is DD's statement an "admission"?(No.)
Further questions:
Is DD's statement hearsay?Does the answer to this question depend on something else?(Yes.)On what?
More questions:
If DD's statement is hearsay is it nevertheless admissible to show that DD canceled his insurance? Please explain. {Hint: See FRE 803(3).}
