TRAVELERS FIRE INSURANCE CO. V. WRIGHT, 322 P.2d 417, 70 A.L.R.2d 1170 (1958) CASE BRIEF

TRAVELERS FIRE INSURANCE CO. V. WRIGHT
322 P.2d 417, 70 A.L.R.2d 1170 (1958)
NATURE OF THE CASE: This was an action to recover under an insurance policy. Traveler's (D) challenged a judgment, which awarded Wright (P) a recovery under two fire insurance policies.
FACTS: The Wrights (P) brought this action to recover under two fire insurance policies. Travelers (D) defended on the ground that the fires had been deliberately set with intent to defraud D. At trial, D called Eppler and Brown to testify as witnesses, but both invoked their constitutional privilege against self-incrimination, and refused. D then attempted to introduce certified transcripts from an earlier criminal trial where P was charged with arson. The transcripts contained testimony by both witnesses that P, with their assistance, deliberately burned the property. The trial court refused to admit the transcripts. D appeals the judgment in P's favor.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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