Benson v. Rosler

In my opinion the majority’s version of the events which transpired does not reflect the true facts of the case and borders on fantasy. Because I cannot agree to such an unsupportable posture, I dissent.

In the present case, the record contains a list of interrogatories from the Bensons’ counsel to the insurance company. In answer to question 4(a), Farmers admits both policies were issued May 6, 1980. Question 12 asks: “If the policies were renewed, were any changes or modifications of the original policies included in the renewal?” Answer: “None.” Question No. 14: “Were any negotiations had…