Wednesday, December 18, 2013

G.M. McKelvey Co. v. General Casualty Co. of America case brief

G.M. McKelvey Co. v. General Casualty Co. of America case brief summary
142 N.E.2d 854 (Ohio 1957)


CASE SYNOPSIS
Appellant insurer sought review of a decision of the Court of Appeals for Mahoning County (Ohio), which determined that the trial court erred by not admitting for all purposes the confessions of unavailable employees as declarations against interest.

CASE FACTS
Appellee insured was the holder of a policy of insurance issued by appellant insurer, insuring appellee for losses that it might suffer through larceny, theft, embezzlement, or other dishonest or fraudulent acts by its employees. Appellee insured brought an action against appellant insurer following appellant's refusal to cover thefts by appellee insured's employees. The employees had previously given written and signed admissions, but were unavailable as witnesses during the trial.

DISCUSSION

  • The court here determined that in appellee insured's action against appellant insurer to recover for defalcations by employees, where such employees were unavailable as witnesses after having been summoned and not found in the jurisdiction by the sheriff, written and signed confessions of such employees were admissible in evidence as declarations against interest as to both the fact and the amount of the loss.
CONCLUSION
The court affirmed the judgment allowing the admission for all purposes of the confessions of unavailable employees as declarations against interest.

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