Aetna Insurance Co. v. Klein

On Motion for Rehearing

Respondents’ motion for rehearing presents new reasons why the judgment of the Court of Civil Appeals should not have been reversed. Two of them are regarded as sufficiently serious to justify writing on rehearing.

It is contended for the first time that petitioner’s motion for instructed verdict did not specifically direct attention of the trial court to respondents’ failure to prove the amount of the policy coverage as was required by Rule 268, Texas Rules of Civil Procedure. It is then argued that because of that deficiency in the motion this Court erred in holding…