This section contains the nature of the case and procedural background.

Haskell (P) recovered a judgment against a Seigmund for an auto accident. P then sought recovery under Peterson's auto liability policy as Siegmund was driving Peterson's car. Peterson died before the trial of the garnishment action. Siegmund was convicted of forgery and incarcerated. Neither was available for trial. After the accident, a private investigator obtained a statement from Peterson that he had loaned Seigmund the car. During trial, this written statement was admitted into evidence. The insurance company lost and then appealed.

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