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EMPLOYEES RETIREMENT SYSTEM v. CASH

No. 03-94-00483-CV.

906 S.W.2d 204 (1995)

EMPLOYEES RETIREMENT SYSTEM OF TEXAS; Blue Cross and Blue Shield; and Group Life & Health Insurance Company, Inc., Appellants, v. Selena D. CASH, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 11, 1995.

Attorney(s) appearing for the Case

Jeffrey S. Davis, Maroney, Crowley & Bankston, L.L.P., Austin, for Blue Cross & Blue Shield and Group Life & Health Ins. Co.

Dan Morales, Attorney General, Roxanne Caperton, Assistant Attorney General, General Counsel Division, Austin, for Employees Retirement System of Texas.

Claude E. Ducloux, Hill, Ducloux, Carnes & Clark, Austin, for Selena D. Cash.

Before POWERS, JONES and KIDD, JJ.

JONES, Justice.

Appellants Blue Cross and Blue Shield and Group Life & Health Insurance Company, Inc. ("the insurers") denied accidental death benefits to Selena Cash, appellee. Appellant the Employees Retirement System of Texas ("ERS") upheld the insurers' denial of benefits on the grounds that: (1) the insured's drug overdose death was not accidental; and (2) the policies' "felonious activity" exclusions precluded benefits. Cash sued in district court for judicial...

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