Gallagher v. Fire Insurance Exchange

OPINION

DUNCAN, Justice.

Appellant, Felma Gallagher, appeals from a take nothing judgment entered against her. In two points of error, Gallagher argues that the trial court erred in failing to instruct the jury pursuant to article 21.19, Tex. Ins.Code Ann. (Vernon 1981), and in failing to submit a requested question. In two counterpoints, appellee, Fire Insurance Exchange, argues that Gallagher is estopped from asserting, and has waived, these errors because she failed to comply with Rules 40(a)(4) and 53(d), Tex.R.App. P. We affirm.

Facts

On January 16,1991, Gallagher’s residence was…