Insurance Law Commons^™

Witnesses-Refreshing Memory-Past Recollection

Michigan Law Review

Action on a claimed oral renewal of a burglary insurance policy. Nearly six months after the alleged renewal W made an affidavit stating that she heard defendant's agent tell plaintiff that plaintiff's policy had been renewed. This affidavit was drawn up by plaintiff's attorney. On the trial eight years later W was unable to recall any such conversation and the affidavit did not refresh her memory. The court over objection admitted the affidavit itself in evidence. Held, since the affidavit was not made at or near the time of the event recorded, and was drawn up by one of …