Preview
Electronically Filed
11/29/2021 1:02 PM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
CAUSE NO. C-4047-21-D
EDWARD GUERRERO § IN THE DISTRICT COURT
§
VS. § OF HIDALGO COUNTY, TEXAS
§
STATE FARM MUTUAL AUTOMOBILE §
INSURANCE COMPANY § 206TH JUDICIAL DISTRICT
ORIGINAL ANSWER AND JURY DEMAND OF DEFENDANT
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
TO THE HONORABLE JUDGE OF THIS COURT:
COMES NOW Defendant STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY (“Defendant”), filing its Original Answer to the Plaintiff’s
Petition and Jury Demand, respectfully showing as follows:
I.
Special Exceptions
A. Defendant specially excepts to Plaintiff’s Petition in its entirety due to the
failure to satisfy conditions precedent, including securing findings on liability, damages,
and the insurance coverage of responsible parties from the underlying motor vehicle
accident so as to demonstrate that plaintiff is legally entitled to recover from an uninsured
or underinsured motorist.
B. Defendant specially excepts to Plaintiff’s Petition, paragraphs 9, 15, and
17(1), asserting a claim for "new and independent injuries," but failing to state what those
"new and independent injuries" are; nor how they were caused by any actionable extreme
conduct of defendant, and, of this special exception, defendant prays for a hearing and that,
upon hearing, the court order the plaintiff to re-plead, and for such other and further relief
that defendant may be entitled.
C. Defendant specially excepts to Plaintiff's Petition, paragraphs 10-13,
complaining vaguely of violations of section 541 of the Texas Insurance Code, but failing
to state what conduct plaintiff believes defendant engaged in that constituted such
violations, and, of this special exception, defendant prays for a hearing and that, upon
[kma] S/S2650 GUERRERO, EDWARD/PLEADINGS/ORIGINAL ANSWER & JURY DEMAND Page |1
Electronically Filed
11/29/2021 1:02 PM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
hearing, the court order the plaintiff to re-plead, and for such other and further relief that
defendant may be entitled.
II.
General Denial
Defendant denies each and every material allegation contained in Plaintiff’s Petition
and says that the same are not true, in whole or in part, and demands strict proof thereof.
III.
Denial of Conditions Precedent
Defendant affirmatively denies that all conditions precedent to recovery have been
satisfied. Plaintiff has the affirmative duty to prove liability, the insurance coverage of
responsible parties, and actual damages after taking into consideration applicable credits,
and reducing same to judgement, in accordance with the requirements of applicable law.
See Brainard vs. Trinity Universal Ins. Co., 216 S.W.3d 809 (Tex. 2006); In re State Farm,
No. 19-0791, 2021 Tex. LEXIS 222 (Tex. March 19, 2021).
IV.
Affirmative Defenses and Denials
Pleading further, defendant affirmatively pleads the following defenses and special
denials in this cause as follows:
A. Defendant pleads that plaintiff’s damages, if any, were caused, in part, by
plaintiff’s negligent failure to mitigate damages by taking steps including, but not limited
to, using available health coverage resources.
B. Defendant pleads the applicability of Section 41.0105 of the Texas Civil
Practice and Remedies Code, limiting any recovery of medical or health care expenses to
the amount actually paid or incurred.
C. Defendant pleads the existence of specified terms, conditions, and
exclusions, as well as per person and per occurrence limits, that govern any entitlement to
uninsured/underinsured motorist benefits.
D. Defendant pleads that, if there is any liability to the plaintiff, such liability
be solely limited to the uninsured/underinsured policy limits.
[kma] S/S2650 GUERRERO, EDWARD/PLEADINGS/ORIGINAL ANSWER & JURY DEMAND Page |2
Electronically Filed
11/29/2021 1:02 PM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
E. Defendant pleads any available lawful offsets and/or credits as permitted by
law regarding the plaintiff’s alleged claims for actual damages, including, but not limited
to, offsets and/or credits for payments to plaintiff for Medical Payments Coverage,
payments for Personal Injury Protection benefits, and payments from third parties for their
alleged liability arising from the subject motor vehicle accident.
F. Defendants plead a bona fide dispute regarding the plaintiff’s
uninsured/underinsured motorist claim. Plaintiff has the affirmative duty to prove liability
and actual damages. The nature and extent of the Plaintiff’s bodily injuries and resulting
damages remain in dispute.
G. Defendant specifically denies any breach of duty to the plaintiff and, upon
such denial, requires plaintiff to prove his uninsured/underinsured motorist claims and
causes of action by a preponderance of the evidence, in accordance with the requirements
of applicable law.
V.
Jury Demand
Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Defendant State Farm
Mutual Automobile Insurance Company requests a trial by jury and has deposited the
required jury fee with the District Clerk of Hidalgo County, Texas in the above-styled and
numbered cause.
VI.
Prayer
WHEREFORE, PREMISES CONSIDERED, defendant prays that, upon final
hearing, plaintiff not recover as sought in Plaintiff’s Petition and that judgment be rendered
in favor of defendant. Defendant further prays for such other and further relief that
defendant may show itself justly entitled to receive, including recovery of court costs.
[kma] S/S2650 GUERRERO, EDWARD/PLEADINGS/ORIGINAL ANSWER & JURY DEMAND Page |3
Electronically Filed
11/29/2021 1:02 PM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
Respectfully submitted,
ADAMS & GRAHAM, L.L.P.
134 East Van Buren, Suite 301 (78550)
Post Office Drawer 1429
Harlingen, Texas 78551-1429
Tel: (956) 428-7495 x140
Fax: (956) 428-2954
By: /s/ Scott T. Clark
SCOTT T. CLARK
State Bar No. 00795896
sclark@adamsgraham.com
Counsel for Defendant, State Farm Mutual
Automobile Insurance Company
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
instrument was forwarded to all counsel of record as follows on this the 29th day of
November 2021:
Hector J. Rodriguez Via E-Service
HECTOR L. RODRIGUEZ LAW FIRM, PLLC
511 West University Drive
Edinburg, Texas 78539
hectorlawfirm@gmail.com
Raul “Rudy” Rodriguez Via E-Service
RAUL RODRIGUEZ, P.C.
511 West University Drive
Edinburg, Texas 78539
anointed511@gmail.com
Counsel for Plaintiff
/s/ Scott T. Clark
SCOTT T. CLARK
[kma] S/S2650 GUERRERO, EDWARD/PLEADINGS/ORIGINAL ANSWER & JURY DEMAND Page |4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Scott Clark on behalf of Scott Clark
Bar No. 00795896
sclark@adamsgraham.com
Envelope ID: 59511186
Status as of 11/29/2021 1:08 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Hector LRodriguez Hectorlawfirm@gmail.com 11/29/2021 1:02:25 PM SENT
Raul "Rudy"Rodriguez Anointed511@gmail.com 11/29/2021 1:02:25 PM SENT
Alma Cantu Alma@rrrodlaw.com 11/29/2021 1:02:25 PM SENT
Associated Case Party: State Farm Mutual Automobile Insurance Company
Name BarNumber Email TimestampSubmitted Status
Scott T.Clark sclark@adamsgraham.com 11/29/2021 1:02:25 PM SENT
Preview
Electronically Filed 11/29/2021 1:02 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado CAUSE NO. C-4047-21-D EDWARD GUERRERO § IN THE DISTRICT COURT § VS. § OF HIDALGO COUNTY, TEXAS § STATE FARM MUTUAL AUTOMOBILE § INSURANCE COMPANY § 206TH JUDICIAL DISTRICT ORIGINAL ANSWER AND JURY DEMAND OF DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY TO THE HONORABLE JUDGE OF THIS COURT: COMES NOW Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“Defendant”), filing its Original Answer to the Plaintiff’s Petition and Jury Demand, respectfully showing as follows: I. Special Exceptions A. Defendant specially excepts to Plaintiff’s Petition in its entirety due to the failure to satisfy conditions precedent, including securing findings on liability, damages, and the insurance coverage of responsible parties from the underlying motor vehicle accident so as to demonstrate that plaintiff is legally entitled to recover from an uninsured or underinsured motorist. B. Defendant specially excepts to Plaintiff’s Petition, paragraphs 9, 15, and 17(1), asserting a claim for "new and independent injuries," but failing to state what those "new and independent injuries" are; nor how they were caused by any actionable extreme conduct of defendant, and, of this special exception, defendant prays for a hearing and that, upon hearing, the court order the plaintiff to re-plead, and for such other and further relief that defendant may be entitled. C. Defendant specially excepts to Plaintiff's Petition, paragraphs 10-13, complaining vaguely of violations of section 541 of the Texas Insurance Code, but failing to state what conduct plaintiff believes defendant engaged in that constituted such violations, and, of this special exception, defendant prays for a hearing and that, upon [kma] S/S2650 GUERRERO, EDWARD/PLEADINGS/ORIGINAL ANSWER & JURY DEMAND Page |1 Electronically Filed 11/29/2021 1:02 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado hearing, the court order the plaintiff to re-plead, and for such other and further relief that defendant may be entitled. II. General Denial Defendant denies each and every material allegation contained in Plaintiff’s Petition and says that the same are not true, in whole or in part, and demands strict proof thereof. III. Denial of Conditions Precedent Defendant affirmatively denies that all conditions precedent to recovery have been satisfied. Plaintiff has the affirmative duty to prove liability, the insurance coverage of responsible parties, and actual damages after taking into consideration applicable credits, and reducing same to judgement, in accordance with the requirements of applicable law. See Brainard vs. Trinity Universal Ins. Co., 216 S.W.3d 809 (Tex. 2006); In re State Farm, No. 19-0791, 2021 Tex. LEXIS 222 (Tex. March 19, 2021). IV. Affirmative Defenses and Denials Pleading further, defendant affirmatively pleads the following defenses and special denials in this cause as follows: A. Defendant pleads that plaintiff’s damages, if any, were caused, in part, by plaintiff’s negligent failure to mitigate damages by taking steps including, but not limited to, using available health coverage resources. B. Defendant pleads the applicability of Section 41.0105 of the Texas Civil Practice and Remedies Code, limiting any recovery of medical or health care expenses to the amount actually paid or incurred. C. Defendant pleads the existence of specified terms, conditions, and exclusions, as well as per person and per occurrence limits, that govern any entitlement to uninsured/underinsured motorist benefits. D. Defendant pleads that, if there is any liability to the plaintiff, such liability be solely limited to the uninsured/underinsured policy limits. [kma] S/S2650 GUERRERO, EDWARD/PLEADINGS/ORIGINAL ANSWER & JURY DEMAND Page |2 Electronically Filed 11/29/2021 1:02 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado E. Defendant pleads any available lawful offsets and/or credits as permitted by law regarding the plaintiff’s alleged claims for actual damages, including, but not limited to, offsets and/or credits for payments to plaintiff for Medical Payments Coverage, payments for Personal Injury Protection benefits, and payments from third parties for their alleged liability arising from the subject motor vehicle accident. F. Defendants plead a bona fide dispute regarding the plaintiff’s uninsured/underinsured motorist claim. Plaintiff has the affirmative duty to prove liability and actual damages. The nature and extent of the Plaintiff’s bodily injuries and resulting damages remain in dispute. G. Defendant specifically denies any breach of duty to the plaintiff and, upon such denial, requires plaintiff to prove his uninsured/underinsured motorist claims and causes of action by a preponderance of the evidence, in accordance with the requirements of applicable law. V. Jury Demand Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Defendant State Farm Mutual Automobile Insurance Company requests a trial by jury and has deposited the required jury fee with the District Clerk of Hidalgo County, Texas in the above-styled and numbered cause. VI. Prayer WHEREFORE, PREMISES CONSIDERED, defendant prays that, upon final hearing, plaintiff not recover as sought in Plaintiff’s Petition and that judgment be rendered in favor of defendant. Defendant further prays for such other and further relief that defendant may show itself justly entitled to receive, including recovery of court costs. [kma] S/S2650 GUERRERO, EDWARD/PLEADINGS/ORIGINAL ANSWER & JURY DEMAND Page |3 Electronically Filed 11/29/2021 1:02 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado Respectfully submitted, ADAMS & GRAHAM, L.L.P. 134 East Van Buren, Suite 301 (78550) Post Office Drawer 1429 Harlingen, Texas 78551-1429 Tel: (956) 428-7495 x140 Fax: (956) 428-2954 By: /s/ Scott T. Clark SCOTT T. CLARK State Bar No. 00795896 sclark@adamsgraham.com Counsel for Defendant, State Farm Mutual Automobile Insurance Company CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing instrument was forwarded to all counsel of record as follows on this the 29th day of November 2021: Hector J. Rodriguez Via E-Service HECTOR L. RODRIGUEZ LAW FIRM, PLLC 511 West University Drive Edinburg, Texas 78539 hectorlawfirm@gmail.com Raul “Rudy” Rodriguez Via E-Service RAUL RODRIGUEZ, P.C. 511 West University Drive Edinburg, Texas 78539 anointed511@gmail.com Counsel for Plaintiff /s/ Scott T. Clark SCOTT T. CLARK [kma] S/S2650 GUERRERO, EDWARD/PLEADINGS/ORIGINAL ANSWER & JURY DEMAND Page |4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Scott Clark on behalf of Scott Clark Bar No. 00795896 sclark@adamsgraham.com Envelope ID: 59511186 Status as of 11/29/2021 1:08 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Hector LRodriguez Hectorlawfirm@gmail.com 11/29/2021 1:02:25 PM SENT Raul "Rudy"Rodriguez Anointed511@gmail.com 11/29/2021 1:02:25 PM SENT Alma Cantu Alma@rrrodlaw.com 11/29/2021 1:02:25 PM SENT Associated Case Party: State Farm Mutual Automobile Insurance Company Name BarNumber Email TimestampSubmitted Status Scott T.Clark sclark@adamsgraham.com 11/29/2021 1:02:25 PM SENT