Vallejos Ex Rel. Lucero v. Colonial Life & Accident Insurance

OPINION

PAYNE, Justice.

This suit was brought in behalf of Mark Anthony Lucero, a minor, to recover insurance benefits in the amount of $20,000 plus interest for the accidental death of his father, Joe Lucero. The trial court denied the plaintiff’s claim and entered judgment for the defendant based upon stipulated facts.

The stipulated findings of fact are as follows:

1. The decedent Joe S. Lucero, intentionally and deliberately consumed heroin or morphine resulting in his death.

2. The resultant death was neither intentional nor deliberate by the insured and without the intent to commit suicide.

3.…