TELEPAK v. UNITED SERVICES AUTO. ASS'N

No. 04-93-00803-CV.

887 S.W.2d 506 (1994)

Robert J. TELEPAK and wife Geraldine Telepak, Appellants, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied December 2, 1994.


Attorney(s) appearing for the Case

Richard A. Bentley, Law Offices of Richard A. Bentley, San Antonio, for appellants.

Barry A. Chasnoff, Daniel McNeel Lane, Jr., Pamela G. Matthews, Akin, Gump, Strauss, Hauer & Feld, San Antonio, for appellee.

Before PEEPLES, LOPEZ, and STONE, JJ.


LOPEZ, Justice.

This case was brought by the Telepaks [insured] under a homeowner's insurance policy against United Services Automobile Association [insurer] for failure to pay a claim. The question before us concerns whether the insured or the insurer has the burden of proof as to the applicability of an exception to an exclusion in an insurance policy. We hold that the applicability of an exception to an exclusion is a question of coverage, on which the insured...

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