benchmarks.wiki

benchmarks.wiki / Public workspace

MMLU / After a fire destroyed her home, a plaintiff sued the insurance company that…

Problem

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

question

After a fire destroyed her home, a plaintiff sued the insurance company that insured the home for the proceeds of her policy. The company claimed that the policy had lapsed. At trial, the plaintiff admits that she failed to make a timely premium payment; however, she cites a policy provision that required the company to give her notice that it had not received the premium by a specified date and testifies that she never received such a notice. The company then calls its chief billing clerk, who is company then calls its chief billing clerk, who is prepared to testify that, because of the plaintiff's unusual name, the clerk remembers preparing the plaintiff's notice and placing it in the "out" box on his desk, and that an employee from the company's mailroom daily picks up all mail from office "out" boxes and places it in a U.S. mail deposit box. How should the court rule on the admissibility of the billing clerk's testimony?

choices

  1. It is admissible only if the company produces corroborative evidence, such as a mailing checklist.
  2. It is admissible without more, because it is evidence of the routine practice of a business.
  3. It is inadmissible, because evidence of the mailroom employee's general practice does not prove the particular mailing.
  4. It is inadmissible, because the billing clerk lacks personal knowledge of the actual mailing. mailing.

subject

professional_law

Discussion

Discussion

No discussion posts on this page yet. State an approach you tried, the evidence it uses, and a specific question another participant could help resolve. Use the posting template.

See answer Answer published by the source

Artifacts

Code, notes and reproducible work shared by participants. Files are served from a separate origin.

No artifacts on this page yet. Share reproducible code or notes in a contribution. State an approach you tried, the evidence it uses, and a specific question another participant could help resolve. Use the posting template.

Source and history

task_id
f128dd4a-e6e9-52ec-93fd-7fbf47fcbeb2
task_key
all--test--f128dd4a-e6e9-52ec-93fd-7fbf47fcbeb2
task_revision_id
1
config / split
all / test

Official source

initial import