Walters v. Prudential Insurance Co. of America

The opinion of the court was delivered by

Bodine, J.

The plaintiff’s insured was killed in an encounter in which he was the aggressor. He attempted to force a man whom he had previously beaten and abused, who then had a drawn revolver, through a kitchen window opening upon a court some sixteen feet below. Perhaps the fatal shot was fired because the man was unable to save himself in any other way, or while trying to resist the trigger may have been moved involuntarily. However, the trial court erroneously left to the jury the question of whether death occurred through accidental means.

The…