Chapter 14-7 Denial of Notice and Proof of Loss or Claim

• Jurisdiction: United States

14-7 Denial of Notice and Proof of Loss or Claim

Defendant must deny, in a verified pleading, that the plaintiff gave the required notice or proof of loss or claim. Under Rule 93, defendant must verify by affidavit that notice and proof of loss or claim for damage has not been given as plaintiff alleged.²⁸ "Unless such plea is filed such notice and proof shall be presumed and no evidence to the contrary shall be admitted."²⁹ Defendant's denial of notice and proof shall be specific and made with particularity.³⁰ Failure to file a verified denial of the opposing party's allegation of notice or proof of loss or claim is waived on appeal.³¹

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Notes:

^[28] Tex. R. Civ. P. 93(12); Livingston Ford Mercury, Inc. v. Haley, 997 S.W.2d 425, 430 (Tex. App.—Beaumont 1999, no pet.).

^[29] Tex. R. Civ. P. 93(12).

^[30] Tex. R. Civ. P. 93(12).

^[31] Sanchez v. Jary, 768 S.W.2d 933, 936 (Tex. App.—San Antonio 1989, no writ).