RUMBAUT v. LABAGNARA

No. A14-88-00910-CV.

791 S.W.2d 195 (1990)

Joseph M. RUMBAUT, Appellant, v. Steven and Scott LABAGNARA, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied June 7, 1990.


Attorney(s) appearing for the Case

Luis F. Suarez and Kevin Dubose, Houston, for appellant.

William G. Rosch, III, David G. Allums, Benjamin L. Hall, Robert E. Hudson, D. Craig Oliver, and Jeffery Steidley, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and JUNELL and DRAUGHN, JJ.


OPINION

DRAUGHN, Justice.

Texas law disallows recovery of life insurance proceeds by a beneficiary who is a party to willfully causing the insured's death. Tex.Ins.Code art. 21.23. This case requires us to decide whether gross negligence is subsumed within the notion of willfulness. We hold it is not.

I.

Appellant's wife Ana Maria Rumbaut was lost at sea, when a sudden storm arose in the Gulf of Mexico where the two of them were...

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