# Travelers Insurance Co. v. Wyatt

> Court of Appeals of Texas · December 12, 1972 · 488 S.W.2d 897

URL: https://www.frixlaw.com/law-library/cases/5040069

## Case

- **Full name:** The TRAVELERS INSURANCE COMPANY v. Jimmie Lee WYATT
- **Court:** Court of Appeals of Texas
- **Decided:** December 12, 1972
- **Citations:** 488 S.W.2d 897; 1972 Tex. App. LEXIS 2371
- **Precedential status:** Published
- **Opinion:** Concurrence by Ray
- **Judges:** Davis, Ray
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5040069

## Opinion text

RAY, Justice
(concurring).
I concur with the majority opinion that the claimant must prove the date of filing his claim for workmen’s compensation with the Industrial Accident Board when the insurer has filed his verified denial in accordance with Rule 93(n)(2), (7), Tex.R. Civ.P. Apparently the claimant believed the insurer’s answer to claimant’s interrog *901 atory No. 3 was sufficient proof that notice and claim for injury had been timely made. The answer stated by the insurer was as follows:
“Apparently notice of injury and claim for compensation concerning an alleged injury of August 19, 1968, was timely made; whether or not such notice and claim were timely made for subsequent injuries incurred by defendant is unknown at this time.”
Answers to interrogatories made pursuant to Rule 168, Tex.R.Civ.P., must be introduced into evidence at the time of trial in order to be of any probative value. Such answers are not to be treated as admissions made pursuant to Rule 169, Tex.R.Civ.P. Ford Motor Credit Company v. Draper, 401 S.W.2d 848, 850 (Tex.Civ.App.Texarkana 1966, no writ). Claimant’s failure to introduce interrogatory No. 3 and its answer into evidence was fatal to his cause in the trial court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5040069. Public record. Not legal advice.