WOODS v. WILLIAM M. MERCER, INC.

No. C-5863.

769 S.W.2d 515 (1988)

Peggy WOODS, C.R.N.A., Petitioner, v. WILLIAM M. MERCER, INC., et al., Respondent.

Supreme Court of Texas.

Rehearing Denied June 7, 1989.


Attorney(s) appearing for the Case

Frank L. Branson and Paul N. Gold, Law Offices of Frank L. Branson, J. Hadley Edgar, Texas Tech University, Lubbock Alan S. Loewinsohn, Figari & Davenport, Dallas, for petitioner.

R. Brent Cooper and Michael W. Hudleston, Cowles & Thompson, Dallas, for respondent.


PHILLIPS, Chief Justice.

This is a suit against an insurance agent and an insurance carrier for failure to provide professional liability insurance. The principal question presented is whether the party seeking to benefit from the discovery rule to avoid the statute of limitations has the burden of pleading and proving the requirements of the discovery rule in a trial on the merits. We hold that it does. For this reason, we affirm the judgment of the court of appeals...

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