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WINSTON v. GENERAL AMERICAN LIFE INSURANCE CO.

No. 33781.

469 S.W.2d 51 (1971)

Christine I. WINSTON and Vivian Ward, Guardian of the Estate of Frederick Clifford Jones, a Minor, Plaintiffs-Appellants, v. GENERAL AMERICAN LIFE INSURANCE COMPANY, a Corporation, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

June 15, 1971.

Attorney(s) appearing for the Case

Rosenberg, Weiss, Goffstein & Kraus, St. Louis, for plaintiffs-appellants.

Murphy & Kortenhof, St. Louis, for defendant-respondent.

DOERNER, Commissioner.

May an insured be said to have died as the result of accidental injuries when he voluntarily and intentionally initiates an argument with another person; starts to climb over a desk separating the two with the obvious purpose and intent of assaulting the other person; sees the other person draw a revolver from his pocket and is told by him, "* * * `You better hold it right there' * * *"; nevertheless continues to climb over the desk and grabs...

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