Cogswell v. Eichenberger

OPINION

POPOVICH, Chief Judge.

Appellants Roy and Lowanna Cogswell appeal the decision of the trial court refusing to give requested jury instructions and to provide a special interrogatory verdict on negligence. Appellants argue that the motions were, in effect, a motion for amended pleadings and that the trial court abused its discretion in refusing to grant the amendment. We affirm.

FACTS

Appellants had homeowner’s insurance with State Farm Fire and Casualty Company for many years. On October 28, 1980, appellant Lowanna Cogswell telephoned respondent Wayne Eichenberger, the agent to whom the…