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Nobles v. Employees Retirement System of Texas

In contested-case hearings before the board of trustees of the Employees Retirement System of Texas, pursuant to Texas Insurance Code Article 21.58(b), the burden is on the carrier to prove exclusions and exceptions by a preponderance of the evidence.

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Deborah Nobles (“Nobles”) appeals the trial-court judgment affirming a final order issued by the Employees Retirement System of Texas (“ERS”) that denied her insurance claim for accidental death benefits. Nobles asserts that ERS erroneously imposed the burden of negating a policy exclusion on her. We will affirm.

BACKGROUND

Nobles is an employee of the Texas Department of Criminal Justice. As a state employee, she is eligible for the Uniform Group Insurance Program (“the Program”). The insurer for that Program is currently Fort Dearborn Life Insurance Company. *fn1 Prior to her husband’s death, Nobles enrolled him in the Program. As part of her insurance program, Nobles elected dependent accidental death and dismemberment (“ADD”) and dependent voluntary accident insurance (“VAI”).

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