Behnke v. Radtke

At the demurrer stage we deal with the pleadings, not testimony, accepting as true the allegations of plaintiff’s complaint in determining whether such complaint states a cause of action.

While both relate to the effect of the insurance coverage clause being left with no dollar amount specified, we see the defendant here as raising two separate and alternative grounds for demurrer. One relates to the effect of the clause, “as interest may appear,” in the insurance coverage provision. The other relates to the legal consequences of the conceded intention of the parties that there be insurance…