March 2, 2015
(http://www.law360.com/articles/625594/texas-claims-are-getting-nasti-the-insured-s-burdens)
By Andrew A. Howell
Texas courts have long taken the position that “[w]hen covered and excluded perils combine to cause an injury, the insured must present some evidence affording the jury a reasonable basis on which to allocate damages.”[1] “Failure to provide evidence upon which a jury or court can allocate damages between those that resulted from covered perils and those that did not is fatal to an insured party’s claim.”[2] This requirement is simply an extension of the insured’s burden under Texas law to plead and prove that damages…
