First State Bank Of Denton v. Maryland Casualty Co.

918 F.2d 38 (1990)

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Nature of the Case

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Facts

The insured's, Mills, home was completely destroyed by fire. The insurer, Maryland Casualty (D), refused to cover the loss, claiming that the fire was intentionally set. First State Bank (P), the executor of Mills' estate, pursued this action after Mills' death. At trial, D was permitted to introduce a telephone conversation between a police dispatcher and an unknown male at Mills' house. Mills had bought a second home and was living there while he attempted to sell the first home, which was the one that caught fire. D called the police dispatcher as a witness: she testified that she had called Mills at his new residence at 1:00 a.m. to tell him about the fire. An unidentified person told her that Mills was not at home. P objected to the evidence, arguing that it was not properly authenticated. The trial court admitted the evidence. P appeals from a judgment in D's favor.