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WEGNER v. STANDARD INS. CO.

No. 97-20062.

129 F.3d 814 (1997)

Robert P. WEGNER, Plaintiff-Appellee, v. STANDARD INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 9, 1997.

Attorney(s) appearing for the Case

John G. Emerson, Jr., Bruce Martin Feichtinger, Whittington, von Sternberg, Emerson & Wilsher, Houston, TX, for Plaintiff-Appellee.

Mark T. Davenport, Stephen D. Howen, Figari & Davenport, Dallas, TX, for Defendant-Appellant.

Before REAVLEY, BARKSDALE and STEWART, Circuit Judges.

STEWART, Circuit Judge:

This case, which calls for us to construe the phrase "overtime pay and any other extra compensation" as it appears in a group disability insurance policy, arises from an injury suffered by Robert P. Wegner shortly after he accepted a higher-compensating, out-of-town job assignment from his employer. Standard Insurance Company, the issuer of the policy, contends that Wegner's higher earnings at the time he was injured constitute excluded "overtime...

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