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MMLU / A plaintiff is the beneficiary of a policy issued by an insurance company…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A plaintiff is the beneficiary of a policy issued by an insurance company insuring the life of his wife, now deceased. The policy contains a clause providing that double indemnity is payable in the event that death of the insured "results directly, and independently of all other causes, from bodily injury effected solely through external violent and accidental means. "The plaintiff's wife met her death in the silage shed of her farm. The death resulted from wounds caused by the discharge of a double-barreled shotgun. The plaintiff was arrested and prosecuted for the murder of his wife. After a lengthy trial, the plaintiff was acquitted of the charge. After the insurance company refused to pay the plaintiff's insurance claim, the plaintiff instituted this civil action. The complaint sets forth the policy, alleges the facts surrounding the death of the insured, avers that the death was within the policy provisions for double indemnity payment, and demands judgment accordingly. At trial, the insurance company's attorney proposes to introduce excerpts from the plaintiff's murder trial. The plaintiff's attorney objects to the introduction of such evidence. The trial judge should rule the proffered evidence

choices

  1. admissible as a declaration against interest.
  2. admissible as former testimony.
  3. inadmissible, because of collateral estoppel.
  4. inadmissible, because of double jeopardy.

subject

professional_law

Discussion

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Source and history

task_id
0dee5a7c-34dd-5ef2-a82f-e909a876c59c
task_key
all--test--0dee5a7c-34dd-5ef2-a82f-e909a876c59c
task_revision_id
1
config / split
all / test

Official source

initial import