5 Dorsaneo, Texas Litigation Guide § 70.160

Summary

• [1] Comment—Use of Form

  This form may be used by a defendant insurer to assert that the loss sued on was due to a risk or cause that comes within one of the policy exclusions. A policy exception or exclusion must be raised by an affirmative pleading or else the insurer will not be permitted to avoid liability on the basis of the exclusion [Tex. Ins. Code § 554.002; Tex. R. Civ. P. 94; see § 70.05[3][j]]. The affirmative defense must also specify the particular exception or exceptions relied [Tex. R. Civ. P. 94; see Dairyland County Mutual Ins. Co. v. Roman, 498 S.W.2d 154, 158–159 (Tex. 1973)].

  Affirmative defenses should be included in the answer after the general and special denials. In the model answer, they appear at Paragraph VI [see § 70.100[2]].

• [2] Form