Telepak v. United Services Automobile Ass'n

LOPEZ, Justice.

This case was brought by the Tele-paks [insured] under a homeowner’s insurance policy against United Services Automobile Association [insurer] for failure to pay a claim. The question before us concerns whether the insured or the insurer has the burden of proof as to the applicability of an exception to an exclusion in an insurance policy. We hold that the applicability of an exception to an exclusion is a question of coverage, on which the insured has the burden of proof. The trial court’s judgment is affirmed.

The insured brought a claim under an all-risk homeowner’s insurance…