In a suit to recover under an insurance or health maintenance organization contract, the insurer or health maintenance organization has the burden of proof as to any avoidance or affirmative defense that the Texas Rules of Civil Procedure require to be affirmatively pleaded. Language of exclusion in the contract or an exception to coverage claimed by the insurer or health maintenance organization constitutes an avoidance or an affirmative defense.
Tex. Ins. Code § 554.002
BURDEN OF PROOF AND PLEADING
Applied in 1 court decision — leading case Markel American Insurance Co. v. Lennar Corp. (2011)
Most recently applied in Markel American Insurance Co. v. Lennar Corp. (April 2011)
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.