rule 94 affirmative defenses

Where the suit is on an insurance contract which insures against certain general hazards, but contains other provisions limiting such general liability, the party suing on such contract shall never be required to allege that the loss was not due to a risk or cause coming within any of the exceptions specified in the contract, nor shall the insurer be allowed to raise such issue unless it shall specifically allege that the loss was due to a risk or cause coming within a particular exception to the general liability; provided that nothing herein shall be construed to change the burden of proof on such issue as it now exists. endstream Where each party's statement of information is in a separate form, the form of each party must be signed by the other party to certify that they have read the contents of the statement contained in that form. Where a copy of an application is served under paragraphs (1), (2) or (3), the applicant must file a certificate of service at or before the first appointment. This rule applies where service has not been effected under rule 9.42. (1) This rule applies where under section 1(4) or (4A) of the Maintenance Enforcement Act 199130the court orders that payments under a qualifying periodical maintenance order are to be made by a particular means. P. 94 In pl e a di ng t o a pre c e di ng pl e a di ng, a pa rt y sha l l se t fort h a ffi rm a t i ve l y a c c ord a nd sa t i sfa c t i on, a rbi t ra t i on a nd a wa rd, a ssum pt i on of ri sk, c ont ri but ory ne gl i ge nc e , di sc ha rge i n E-mail: info@silblawfirm.com, Dallas Office Build a Morning News Brief: Easy, No Clutter, Free! (7) The Part 18 procedure applies to an application under section 1(7) of the Maintenance Enforcement Act 1991 (application from an interested party to revoke, suspend, revive or vary the method of payment). Analyses of Rule 94 - Affirmative Defenses, Tex. R. Civ. P. 94 | Casetext

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