First State Bank of Denton v. Maryland Casualty Co.
United States Court of Appeals for the Fifth Circuit
918 F.2d 38 (5th Cir. 1990)
After one of the Millses' two houses burned down, their insurer, Maryland Casualty (defendant), concluded Mr. Mills had likely set the fire intentionally and refused to pay the policy; the Millses sued to recover, but both died before trial, and First State Bank of Denton (plaintiff) continued the suit as executor of Mr. Mills's estate. Maryland Casualty sought to introduce a recorded phone call in which a police dispatcher, about 15 minutes after the fire started, called the Millses' other house, and an unknown person answering the call stated that Mr. Mills was not there. The trial court admitted the call, and the Bank appealed.
Whether a phone call is properly authenticated when a police dispatcher dials a number and the person answering does not identify himself, but does identify the residence as belonging to the person the dispatcher sought to reach.