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

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and remanded for a new trial because the record contained no proof of the insurance policy’s coverage amount and the proof of loss, though admitted, could not be used to establish the contract terms. The Court held that ex parte statements in a proof of loss are inadmissible to prove coverage, and the insurer’s motion for an instructed verdict should have been granted. Justice Smith dissented, arguing that the unobjected proof of loss was sufficient evidence of the policy amount and that the judgments should be affirmed.