State Farm Mutual Automobile Insurance v. Traylor

Frank Holt, Justice.

The court, sitting as a jury, awarded appellee $5,000 death benefits pursuant to the terms of an automobile insurance policy issued to appellee’s decedent by appellant. Appellant asserts the judgment of the trial court is not supported by substantial evidence.

The policy provided coverage from death resulting from “being struck by an automobile.” In denying coverage, the appellant invoked the provision of the policy which provides that coverage is excluded whenever bodily injury is sustained in the course of one’s occupation when engaged “fi]n duties incident to the…