Huse v. Fidelity Interstate Life Insurance Co.

DICKENSON, Justice.

Lydia M. Huse, named beneficiary under a policy issued by Fidelity Interstate Life *352Insurance Company, sued for accidental death benefits after the named insured, T. L. Gaines, died. Benefits had been denied because of the policy’s Worker’s Compensation exclusion. The case was submitted to the trial court as an “agreed case” under Tex.R.Civ.P. 263, and judgment was rendered for the company. The beneficiary appeals. We affirm.

The issue on appeal is whether the exclusion1 is valid and enforceable as to the named beneficiary. She received no worker’s compensation benefits, but…