Texas Supreme Court

Janie P. Bocanegra, Petitioner v. Aetna Life Insurance Company, Respondent

July 16, 198023 Tex. Sup. Ct. J. 502

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and affirmed the trial court judgment for Janie Bocanegra, holding that her settlement of a workers' compensation claim did not constitute an informed election barring her subsequent suit on a group health policy. The Court reasoned that the settlement was limited to lost wages, excluded medical expenses, and was based on uncertain facts, thus no informed choice was made. Justice Campbell filed a concurring opinion emphasizing the rule that settlements do not create an election bar absent full knowledge and final judgment. The decision clarifies the election doctrine in Texas insurance litigation.