Transport Life Ins. Co. v. Karr
| Decision Date | 26 February 1973 |
| Docket Number | No. 8347,8347 |
| Citation | 491 S.W.2d 446 |
| Parties | TRANSPORT LIFE INSURANCE COMPANY, Appellant, v. Beverly Joan KARR, Appellee. |
| Court | Texas Court of Appeals |
Brundidge, Fountain, Elliott & Churchill, Bobby D. Dyess, Dallas, for appellant.
James M. Gerdeman, Lubbock, for appellee.
Liability was decreed on a certificate of coverage issued pursuant to a group policy of insurance. The insurer appeals, contending that the exclusions of the group policy are not limited by the language of the certificate. Reversed and rendered.
Transport Life Insurance Company issued to the policyholder Merchants Fast Motor Lines, Inc., payer of all premiums, a group policy of insurance, insuring eligible employees and officers of Merchants according to a schedule of benefits. Additionally, a sum corresponding to the amount of the scheduled life insurance was payable for accidental death. The group policy accidental death section contained an exclusion providing
'No Accidental Death . . . Benefits will be paid for any loss which results directly or indirectly, wholly or partly, from: . . . taking of poison or asphyxiation from or inhaling of gas, whether voluntarily or involuntarily.'
Michael D. Karr was an employee of Merchants, insured under the group policy for $10,000.00 life insurance and a like amount for accidental death. The insured was issued a Certificate of Coverage on which was imprinted The certificate contained the information that:
'Losses are not covered if they are a result of:
(5) the taking of poison or asphyxiation from inhaling gas.'
While the policy was in force, Michael D. Karr was found dead, sitting in an automobile. An autopsy was performed and a death certificate was issued stating that the cause of death was carbon monoxide poisoning. The insurance company paid the life insurance proceeds of $10,000.00, but refused the claim for the $10,000.00 accidental death benefits on the basis of the group policy exclusion . Beverly Joan Karr, the wife and designated beneficiary of Michael D. Karr, brought this suit upon the Certificate of Coverage to recover the accidental death benefits.
Mrs. Karr introduced in evidence the certificate, but did not offer the group policy. A copy of the group policy of insurance, the autopsy protocol and the death certificate were offered in evidence by the insurance company and admitted. Dr. John P. Ray, Jr ., a physician specializing...
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