Court of Appeals of Texas August 7, 1980, No. 5486 (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.