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FREEMAN v. COMMONWEALTH LIFE INS. CO. OF LOUISVILLE

No. 1170A182.

271 N.E.2d 177 (1971)

Martha Smith FREEMAN, Appellant, v. COMMONWEALTH LIFE INSURANCE COMPANY OF LOUISVILLE, Kentucky, Appellee.

Appellate Court of Indiana, In Bank, Division No. 2.

Rehearing Denied July 15, 1971.

Attorney(s) appearing for the Case

John R. Dollens, Scottsburg, for appellant.

Fox & Smith, Jeffersonville, for appellee.

WHITE, Judge.

E. Everett Smith was shot and killed by a pistol Wilgus Bowling had pulled from his pocket during a fight between the two in which Smith was the aggressor.1 At the for death by accidental means,2 which was time he was shot Smith had Bowling down on the ground and was choking him with his hand or hands on Bowling's neck.

Smith's life was insured by the defendant-appellee, Commonwealth Life...

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