Woods v. William M. Mercer, Inc.
Texas Supreme Court
1Opinion of the Court
PHILLIPS, Chief Justice.
This is a suit against an insurance agent and an insurance carrier for failure to provide professional liability insurance. The principal question presented is whether the party seeking to benefit from the discovery rule to avoid the statute of limitations has the burden of pleading and proving the requirements of the discovery rule in a trial on the merits. We hold that it does. For this reason, we affirm the judgment of the court of appeals that plaintiff take nothing against her insurance agent because her action was barred by limitations. 717 *516S.W.2d 391. We further…
Also in this document: Concurring in part, dissenting in part.
2Cases cited13 opinions
- Weaver v. WittTexas Supreme Court · 1977
- Navarette v. Temple Independent School DistrictTexas Supreme Court · 1986
- Quinn v. PressTexas Supreme Court · 1940
- Wise v. AndersonTexas Supreme Court · 1962
- Sherman v. SipperTexas Supreme Court · 1941
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3Cited by458 opinions
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- S.V. v. R.V.Texas Supreme Court · 1996
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- Spencer v. Eagle Star Insurance Co. of AmericaTexas Supreme Court · 1994
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