(DOWNLOAD) "Virginia Trevino v. Allstate Insurance Company" by Supreme Court of Texas " Book PDF Kindle ePub Free
eBook details
- Title: Virginia Trevino v. Allstate Insurance Company
- Author : Supreme Court of Texas
- Release Date : January 08, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
In her motion for rehearing, Trevino contends that Allstate cannot rely on the policy provisions requiring the insured to forward suit papers because this provision was not put in issue in the trial court. She insists that she had no burden to show compliance with this provision unless it was put in issue by Allstate. Her argument is based on two provisions of Rule 94 of the Texas Rules of Civil Procedure, (1) the requirement that a responsive pleading allege affirmatively any "matter constituting an avoidance or affirmative defense" and, (2) the provision that in a suit on an insurance contract, the insurer is not allowed to raise an issue that the loss is due to a risk or cause within any of the exceptions to the general liability specified in the contract unless the particular exception is alleged in a responsive pleading. We conclude that neither of these provisions is applicable.
 "Virginia Trevino v. Allstate Insurance Company" by Supreme Court of Texas " Book PDF Kindle ePub Free){kind=link}