Chapter 14-10 Denial of Condition Precedent

• Jurisdiction: United States

14-10 Denial of Condition Precedent

Conditions precedent to performance under a contract must be specially (i.e. specifically) denied or the plaintiff is not required to prove their occurrence or performance, per Texas Rules of Civil Procedure 54. For further discussion, see Chapter 13, Section 13-4:6. In a case against an automobile insurance company, filed by an insured under a policy, an allegation that the insured has complied with all conditions precedent to filing suit are presumed to be true unless denied by the defendant, by verified pleadings, which may be based upon information and belief.³⁷ Furthermore, defendant must specifically describe the conditions...