(dissenting).
I respectfully dissent. The burden of proof is upon the insurer to show that it made the statutorily mandated offer of coverage. Holman v. All Nation Insurance Co., 288 N.W.2d 244, 248 (Minn.1980). The majority acknowledges that the application itself does not satisfy any of the requirements of Hastings v. United Pacific Insurance Co., 318 N.W.2d 849, 851-53 (Minn.1982); the premium notice contained only a general offer of additional coverages. This decision is founded on a presumed oral offer by the deceased agent, David Stonedale.
Mr. Stonedale is unavailable to testify to any such oral offer or to his customary *683practice, in the absence of direct recollection. The trial court received and this court affirms and relies upon the testimony of the agent’s supervisor that he instructed Stonedale on the standard practices and procedures of the insurance company. He did not even say that he had observed the agent making mandatory offers to applicants to see if he was carrying out his instructions. The evidence simply proves nothing and is a dangerous extension of Minn.R.Evid. 406 (Habit). If admitted to show that he did make the oral offer, it is, of course, hearsay and not within any of the exceptions recognized by Minn.R.Evid. 804.
I would reverse on the failure of respondent insurance company to sustain its burden of proof.