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The Shifting Sands Regarding Burdens of Proof in Coverage Cases (Texas Association of Defense Counsel)


By Craig Reese

It is important to understand the rules regarding burdens of proof on insurance coverage, regardless of whether you are a coverage geek or defense counsel. The Texas Supreme Court and the Texas Legislature have created a burden-shifting framework for insurance disputes. While the announced rules appear similar for both first party and third party coverage, there may be some slight differences in application. Understanding the burden-shifting framework in insurance coverage disputes is somewhat like trying to follow a fast moving ping pong game. Just when you think you understand the rules and are finally following the game, things can change. READ MORE 

Reproduced with permission from Texas Association of Defense Counsel Magazine, Spring Summer 2017

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