Rumbaut v. Labagnara

OPINION

DRAUGHN, Justice.

Texas law disallows recovery of life insurance proceeds by a beneficiary who is a party to willfully causing the insured’s death. Tex.Ins.Code art. 21.23. This case requires us to decide whether gross negligence is subsumed within the notion of willfulness. We hold it is not.

I

Appellant’s wife Ana Maria Rumbaut was lost at sea, when a sudden storm arose in the Gulf of Mexico where the two of them were sailing. Because Mrs. Rum-baut’s will named appellant as executor of her estate, he applied for probate upon his return. Appellees, Mrs. Rumbaut’s sons by a previous…