MATTER OF YOWE v. NEW HAMPSHIRE INS. CO

Appeal from an order of a Special Term, Supreme Court, Rensselaer County. Petitioner shows in her affidavit in support of an application to examine the appellant New Hampshire Insurance Company of Manchester, New Hampshire, for the purpose of framing a complaint under section 295 of the Civil Practice Act that she was advised by an insurance agency to which she had made application for liability insurance referable to the appellant company, that an investigating agency hired by appellant had reported to the company that petitioner was living with a person not her husband; and that this led to her application for a policy being hampered. Such a report would be actionable against the reporting agency if false; and hence the name of the agency and the facts within the knowledge of the insurance company are competent matters of inquiry. It may well be, as appellant argues, that the report may be held by the court to be privileged when the pleadings are framed or on the trial. But this is a matter of defense in the action. Neither confidentiality nor privilege bar the maintenance of the action nor the inquiry necessary to frame a proper complaint. Order affirmed, with $10 costs. Bergan, P.J., Gibson, Herlihy and Reynolds, JJ., concur.