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GALLAGHER v. FIRE INS. EXCHANGE

No. 04-95-00761-CV.

950 S.W.2d 379 (1997)

Felma GALLAGHER, Appellant, v. FIRE INSURANCE EXCHANGE, Appellee.

Court of Appeals of Texas, San Antonio.

January 29, 1997.

Attorney(s) appearing for the Case

Forrest N. Welmaker, Jr., Nolan Welmaker, Welmaker & Welmaker, P.C., San Antonio, for Appellant.

Gregg R. Miller, Hugh L. McWilliams, Burns, O'Gorman, McWilliams, Black & Weyand, LLC, San Antonio, John Milano, Jr., Law Office of John Milano, Jr., Dallas, for Appellee.

Before HARDBERGER, C.J., and RICKHOFF and DUNCAN, JJ.

OPINION

DUNCAN, Justice.

Appellant, Felma Gallagher, appeals from a take nothing judgment entered against her. In two points of error, Gallagher argues that the trial court erred in failing to instruct the jury pursuant to article 21.19, Tex. Ins.Code Ann. (Vernon 1981), and in failing to submit a requested question. In two counterpoints, appellee, Fire Insurance Exchange, argues that Gallagher is estopped from asserting, and has waived, these errors because...

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