BOARD OF TRUSTEES OF ERS v. BENGE

No. 03-96-000369-CV.

942 S.W.2d 742 (1997)

BOARD OF TRUSTEES OF the EMPLOYEES RETIREMENT SYSTEM OF TEXAS and Group Life & Health Insurance Company, Appellants, v. Linda BENGE, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 1, 1997.


Attorney(s) appearing for the Case

Dan Morales, Attorney General, Roxanne Caperton, Assistant Attorney General, General Counsel Division, Austin, for Board of Trustees of ERS.

Andrew F. MacRae, Michael S. Hull, Maroney, Crowley, Bankston, Richardson & Hull, L.L.P., Austin, for Group Life & Health Insurance Company.

Catherine Brown Fryer, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, Austin, for Appellee.

Before CARROLL, C.J., and KIDD and B.A. SMITH, JJ.


BEA ANN SMITH, Justice.

The Board of Trustees of the Employees Retirement System of Texas denied accidental death benefits, holding that the insured's death was caused by air travel or flight, an activity excluded from coverage under the policy at issue. The district court ruled that Stroburg v. Insurance Co. of North America, 464 S.W.2d 827 (Tex.1971), required the Board to make a specific finding that the excluded activity...

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