Employers Casualty Company, Petitioner v. George Block, Respondents

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment in favor of the Blocks, holding that the insurer may litigate the coverage issue despite the prior agreed judgment and that the insurer must bear the burden of proving the damaging event occurred outside the policy period. The Court clarified that the recitation of the damage date in the agreed judgment is not binding on the coverage issue and that failure to plead under Tex.R.Civ.P. 94 does not waive the coverage defense.