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Bar Practice Question for February 27th

A real estate agent is on trial for insurance fraud. The prosecutor seeks to offer testimony of the real estate agent's husband that before their wedding, the real estate agent told him she had concocted a plan to help them come up with a down payment for a new house by claiming that she had been injured in a recent car accident, even though she had actually walked away from the accident uninjured. The husband is planning to divorce the real estate agent because of her dishonesty, but he has not yet filed the divorce papers. The real estate agent objects to the husband's testimony.

Can the real estate agent prevent the husband from testifying about her insurance claim plans by asserting the marital communication privilege?

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