Bill G. Fagan v. Bankers Multiple Line Insurance Company

TATE, Circuit Judge:

In this Texas diversity case, the insurer (“Bankers”) under a group policy issued to an employer (“Johnson”), appeals from the award to Fagan of benefits for total disability. Fagan as an eligible spouse of an employee, had applied for and been issued a certificate affording him special risk coverage for certain specified losses arising out of accidental injury. We affirm, finding (a) that the district court correctly held that the exclusion clause relied upon by Bankers (found in the master policy in Wisconsin, but not in the certificate issued to Fagan in Texas) was not…