Travelers Fire Insurance Co. v. Wright

322 P.2d 417, 70 A.L.R.2d 1170 (1958)

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Nature of the Case

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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.