ADMISSION IN RESPONSE TO REQUESTS FOR ADMISSIONS
Any matter admitted in response to a request for admission is conclusively
established unless the court permits withdrawal or amendment of the admission. Tex. R.
Civ. P. 198.3; Marshall v. Vise, 767 S.W.2d 699, 700 (Tex. 1989). T
ADMISSIONS IN PLEADINGS
“[A] party relying upon an opponent’s pleadings as judicial admissions of fact must protect the record by
objecting to the introduction of controverting evidence and to the submission of any issue bearing on the
facts admitted.” Marshall, 767 S.W.2d at 700. The Goudeaus did just that in their reply to defendant USF&G’s
motion for summary judgment, arguing that USF&G was precluded from introducing evidence contrary to the
admission, and that the admission, at minimum, created a material issue of fact.
U.S. Fidelity & Guaranty Co. v. Goudeau, No. 06-0987 (Tex. Dec. 19, 2008)(Brister)(insurance coverage,
admissions). Justice Green delivered a dissenting opinion
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