What all insurance lawyers know: Insurance policies are contracts, and as such are subject to rules applicable to contracts generally. This was stated in the 1994, Texas Supreme Court case, Hernandez v. Gulf Group Lloyds, and is still good law.
A party seeking to recover on an insurance contract must prove that the contract was in force at the time of the loss. Also, a party who claims under a policy is required to produce the insurance contract upon which he sues or to prove its terms. This was stated in the 1975, Tyler Court of Appeals opinion, Hartford Accident & Indemnity Co. v. Spain. This also, is still good law. To prove a breach off contract, the insured has to establish:
- the existence of the contract sued upon;