Insight & Commentary on Texas Appellate Law
When is an affidavit necessary rather than a verification?
In Wimmer v. Hanna Prime, Inc., Hanna Prime brought suit against Wimmer on a sworn account. Wimmer answered with a verification in which he asserted that he did not contract for the debt in his personal capacity and was not liable. His verification stated that…
In a case of first impression the Texas Supreme Court recently held that the issue of whether a party has the mental capacity to contract is an issue for courts, not arbitrators. The Court traced the history of the so-called "separability" spawned by the United States Supreme Court’s decision in Prima Paint Corp. v. Conklin Manufacturing Co.…
In a 6-3 opinion, the Texas Supreme Court held that requests for admissions sent to an insurance carrier in one capacity cannot be used against it in different capacity. USF&G appeared in two capacities represented by two different law firms–as a defendant to the insured’s claim under the underinsured motorist policy and as subrogee to…
