Senders v. CNA Ins. Companies, 212 N.J.Super. 518, 515 A.2d 820 (Law Div. 1986)

Practice Areas: Fraud/Arson/Special Investigation

Insured brought action against insurer for failing to pay insured all sums to which he was entitled pursuant to the fire policy and insured sought to introduce evidence that he volunteered to take, and passed, polygraph examination during police investigation of fire. The Superior Court, Law Division, Somerset County, Arnold, J.S.C., held that issue of whether insured was involved in arson was material fact so that evidence that insured volunteered to take, and passed polygraph, examination during police investigation of fire was admissible under rule of evidence providing that if there was no bona fide dispute between parties in civil proceeding as to material fact such fact could be proved by any relevant evidence and exclusionary rules would not be applicable.

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