Aetna Insurance Company, Petitioner v. Edward J. Klein, Respondents

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that a proof of loss is inadmissible hearsay for establishing the amount of insurance coverage and that Rule 94 does not require an insurer to plead a lesser coverage amount. The court remanded for a new trial, while Justice Smith dissented, arguing that the unobjected proof of loss was sufficient evidence of the policy amount.