excepting clause (Texas) · Go Syfert
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excepting clause in Texas

7 Texas opinions name it 2 courts 1903–1980 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Aetna Life Insurance Company v. Woodsgreen
texapp · 1969 · cited in 1 Texas opinions naming this issue, 1980–1980
1 sentence

1980Accord, see Aetna Life Insurance Company v. Woods, 449 S.W.2d 86 (Tex.Civ.App.— Fort Worth 1969, writ ref’d n. r. e.); Olivier v. Life and Casualty Insurance Company of Tennessee, 440 S.W.2d 398 (Tex.Civ.App.— Beaumont 1969, writ ref’d n. r. e.); Employers Casualty Company v. Patterson, 344 S.W.2d 199 (Tex.Civ.App. — Amarillo 1961, writ dism’d).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Travelers' Ins. Co. v. Harris neutral
texcommnapp · 1919
2 sentences

1961“In the case of Travelers’ Insurance Company v. Harris, supra, the Commission of Appeals, speaking through Judge Sadler, in an opinion adopted by the Supreme Court, after an exhaustive review of the decisions which hold for and against the contention made here, says: ‘In view of the decisions by our Supreme Court * * * we are of the opinion that the burden rests upon the plaintiff to show that her cause of action does not fall within the excepting clause.’ ” We conclude that the judgment of the trial court should be reversed and remanded for another trial in accordance with this opinion.

1961"In the case of Travelers' Insurance Company v. Harris, supra, the Commission of Appeals, speaking through *927 Judge Sadler, in an opinion adopted by the Supreme Court, after an exhaustive review of the decisions which hold for and against the contention made here, says: `In view of the decisions by our Supreme Court * * * we are of the opinion that the burden rests upon the plaintiff to show that her cause of action does not fall within the excepting clause.'" We conclude that the judgment of the trial court should be reversed and remanded for another trial in accordance with this opinion.

21919–1961
Employers Casualty Company v. Patterson green
texapp · 1961
1 sentence

1980Accord, see Aetna Life Insurance Company v. Woods, 449 S.W.2d 86 (Tex.Civ.App.— Fort Worth 1969, writ ref’d n. r. e.); Olivier v. Life and Casualty Insurance Company of Tennessee, 440 S.W.2d 398 (Tex.Civ.App.— Beaumont 1969, writ ref’d n. r. e.); Employers Casualty Company v. Patterson, 344 S.W.2d 199 (Tex.Civ.App. — Amarillo 1961, writ dism’d).

11980–1980
Olivier v. Life & Casualty Insurance Co. of Tennessee green
texapp · 1969
1 sentence

1980Accord, see Aetna Life Insurance Company v. Woods, 449 S.W.2d 86 (Tex.Civ.App.— Fort Worth 1969, writ ref’d n. r. e.); Olivier v. Life and Casualty Insurance Company of Tennessee, 440 S.W.2d 398 (Tex.Civ.App.— Beaumont 1969, writ ref’d n. r. e.); Employers Casualty Company v. Patterson, 344 S.W.2d 199 (Tex.Civ.App. — Amarillo 1961, writ dism’d).

11980–1980
Higgins v. Bordages green
tex · 1895
1 sentence

1930It is admitted that this Court in the case of Higgins v. Bordages, 88 Texas, 458 , held that such assessments were not included, and that no lien existed against a homestead for their collection.

11930–1930
City of Boston v. Brooks green
mass · 1905
2 sentences

1923Now, applying the rule by which we must be governed in considering an agreed statement, and keeping in mind that the burden of proof is upon the insurer to establish that the killing occurred under circumstances not constituting an accident, as that term is used in the excepting clause of its contract, and as well the meaning of the term "accident" when employed in its general sense, and its customary use, we come now to consider the agreed statement as made by the parties upon which the case was tried and is now properly before us, for the purpose of determining whether the insurer in this ca

1923Now, applying the rule by which we must be governed in considering an agreed statement, and keeping in mind that the burden of proof is upon the insurer to establish that the killing occurred under circumstances not constituting an accident, as that term is used in the excepting clause of its contract, and as well the meaning of the term "accident" when employed in its general sense, and its customary use, we come now to consider the agreed statement as made by the parties upon which the case was tried and is now properly before us, for the purpose of determining whether the insurer in this ca

11923–1923
State ex rel. Rogers v. Rombauer neutral
mo · 1891
1 sentence

1923Now, applying the rule by which we must be governed in considering an agreed statement, and keeping in mind that the burden of proof is upon the insurer to establish that the killing occurred under circumstances not constituting an accident, as that term is used in the excepting clause of its contract, and as well the meaning of the term "accident" when employed in its general sense, and its customary use, we come now to consider the agreed statement as made by the parties upon which the case was tried and is now properly before us, for the purpose of determining whether the insurer in this ca

11923–1923
Lovelace v. Travelers' Protective Ass'n green
mo · 1894
2 sentences

1923Lovelace v. Traveler's Protective Assn., 126 Mo., 104 , 28 S.W. 877 ; Union Casualty Surety Company v. Harroll, 98 Tenn. 581 , 40 S.W. 1080 .

1923Lovelace v. Traveler's Protective Assn., 126 Mo., 104 , 28 S.W. 877 ; Union Casualty Surety Company v. Harroll, 98 Tenn. 581 , 40 S.W. 1080 .

11923–1923
Union Casualty v. Harroll green
tenn · 1897
1 sentence

1923Lovelace v. Traveler's Protective Assn., 126 Mo., 104 , 28 S.W. 877 ; Union Casualty Surety Company v. Harroll, 98 Tenn. 581 , 40 S.W. 1080 .

11923–1923
Insurance Co. v. Boon green
scotus · 1877
2 sentences

1917That this is the fair and natural interpretation of the language of the parties in the contract sued on we do not doubt, and we think these conclusions are supported by the decisions in Insurance Co. v. Boon, 95 U. S. 117 [ 24 L.

1917That this is the fair and natural interpretation of the language of the parties in the contract sued on we do not doubt, and we think these conclusions are supported by the decisions in Insurance Co. v. Boon, 95 U. S. 117 [ 24 L.

11917–1917
Breitling v. Chester green
tex · 1895
2 sentences

1903See the following pertinent authorities in support of the conclusion reached: Chester v. Breitling, 88 Texas, 586 , 32 S. W.

1903See the following pertinent authorities in support of the conclusion reached: Chester v. Breitling, 88 Texas, 586 , 32 S. W.

11903–1903

Where else courts name it

CA 16 (1900–2017) TX 7 (1903–1980) PA 5 (1830–1991) NY 5 (1856–1947) LA 4 (1942–1967) NJ 4 (1980–1995) MD 4 (1969–2012) MA 4 (1904–1974) OK 3 (1906–1924) GA 3 (1940–1990) AL 3 (1929–1932) MO 2 (1941–1981) IL 2 (1866–1878) VT 2 (1913–1922) OR 2 (1984–1999) WV 2 (1911–1999) NM 2 (1992–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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