International Insurance Co. v. Archuleta

ON MOTION FOR REHEARING

Both parties have filed motions for rehearing. We first consider the claimant’s motion.

The argument is made that her pleading for total and permanent benefits authorized the submission of the lesser amounts for partial and permanent benefits. She also asserts she can recover on the basis of the Appellant’s pleading that her incapacity, if any, “is not total and permanent but was and is partial and temporary.” Argument is also made that we have misconstrued the holding in Select Insurance Company v. Boucher, 561 S.W.2d 474 (Tex.1978). But, such argument does not touch…