Benavides v. J.C. Penney Life Insurance Co.

TERNUS, Justice.

Martin Benavides died in his closed garage at the wheel of his parked car after spending ten hours at his favorite bar. The medical examiner concluded that Benavides died of carbon monoxide poisoning; alcohol 1 intoxication was listed as a contributing factor. The district court ruled as a matter of law that Benavides’ estate could not recover under a life insurance policy issued to Bena-vides by appellee, J.C. Penney Life Insur- anee Company. We agree the insurance policy’s intoxication exclusion precludes recovery by the estate as a matter of law. Therefore, we affirm the…