Hurley v. Painter

1 Citing case

  1. Chute v. Old American Ins. Co.

    6 Kan. App. 2d 412 (Kan. Ct. App. 1981)   Cited 13 times
    In Chute, a panel of this court held that an insurer is relieved of all liability under a life insurance policy if it can prove that the policy was procured by a beneficiary who at the time the beneficiary secured the insurance intended to murder the insured.

           "This (K.S.A. 60-460(j )) broadens our former law in the realm of declarations against interest by those not parties to the action nor in privity with a party to the action, as exceptions to the hearsay rule. Formerly there was a requirement of unavailability of the declarant as a prerequisite for reception of this character of testimony, and declarations were limited to those against the pecuniary or proprietary interest of the declarant (Hurley v. Painter, 182 Kan. 731, 324 P.2d 142). [6 Kan.App.2d 425] Now, the statute dispenses with the requirement of unavailability and expands the interests to include penal or social.        "The statute does, however, require, as a preliminary measure of trustworthiness, that the trial judge, prior to admission of such a declaration, make a finding that the character of the declaration was of such nature a reasonable man would not make it unless he believed it to be true.