Board of Trustees of the Employees Retirement System v. Benge

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 was the proximate cause of death before denying benefits; it remanded this matter to the Board for such a determination. We hold that Stroburg imposes no such requirement…