Kinney v. American Manufacturers Mutual Insurance

Carley, Chief Judge.

Appellee-plaintiffs brought suit against appellant-defendant, seeking to recover for unpaid insurance premiums. Appellant answered, denying the material allegations of appellees’ complaint. Thereafter, appellant was served with a set of interrogatories and requests for admission. One of appellees’ interrogatories asked appellant to state “the factual basis for each and every defense you have to this presently pending action.” In his sworn response to this interrogatory, appellant stated, in pertinent part, that he had not “authorized the coverage for which premium is sued…