Insurance; Litigation; Commerical
In the Estate of Stafford
Beaumont- 1/17/08
09-06-530-CV
Justice Kreger

Murder Forfeited Rights to Insurance Proceeds

Even though D-Stafford's murder conviction was on appeal, the trial court noted in its findings of fact that the allegations in the civil interpleader action brought by the deceased's life insurance carrier were deemed true as a result for D's default in a previous wrongful death action. Ins. Code 1103.151 does not require a final conviction before a beneficiary forfeits his right to the proceeds, and the trial court made the requisite findings to establish D's forefeiture, i.e., that he committed a willful act that brought about the insured's death. Held: Summary judgment was affirmed awarding the proceeds to contingent beneficiary Shaw.

State Bar of Texas Civil Digest
February 6, 2008