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Proof insufficient to prove the accident was intentionalFebruary 21, 2011

Infinity Health Prods., Ltd. v American Tr. Ins. Co., 2011 NY Slip Op 50195(U)(App. Term 2d Dept. 2011)

“Defendant’s proof consisted of the affidavit of its special investigator and the police accident report. As the police accident report did not constitute proof in admissible form (see LMS Med. Care, P.C. v State Farm Ins. Co., 15 Misc 3d 141[A], 2007 NY Slip Op 51072[U] [App Term, 2d & 11th Jud Dists 2007]), and the special investigator’s affidavit relied, in part, upon the police accident report, such proof did not establish, as a matter of law, that the alleged injuries did not arise from an insured incident”

It appears – and do not quote me please- that police reports do not generally need to be certified to be admissible.  There is a legion of recent case law which dances around the 4518(c) requirement but does not explicitly reject it.  The better practice, when possible, is to obtain a certified police report.  Yet, that can be a challenge when dealing with NYC police reports.  Go onto the DMV police report site- you will see what I am referencing.

I suspect the substance of the police report was insufficient to raise an issue of fact.

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