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SANDERS v. PRUDENTIAL INS. CO. OF AMERICA

No. 2-84-250-CV.

697 S.W.2d 80 (1985)

Dorella SANDERS, Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA and Life Insurance Company of North America a/k/a INA Life Insurance Company, Appellees.

Court of Appeals of Texas, Fort Worth.

September 19, 1985.

Attorney(s) appearing for the Case

Steves, Leonard & Jones, and Sterling W. Steves, and William C. Cooper, Fort Worth, for appellant.

Cantey, Hanger, Gooch, Munn & Collins, and Stephen L. Tatum, and Paul Boudloche, Fort Worth, for the Prudential Ins. Co. of America.

Thompson & Knight, and Maureen Murry, and David S. Kidder, Dallas, for Life Ins. Co. of North America a/k/a INA Life Ins. Co.

Before FENDER, C.J., and ASHWORTH and JORDAN, JJ. (sitting for JOE SPURLOCK, II, J.).

OPINION

FENDER, Chief Justice.

This suit involves a claim made under two accidental death policies. The insured, Larry O. Sanders, was mortally wounded while assaulting one Charles Scheidel (the companion of his estranged wife, appellant, Dorella Sanders) with a cocked, loaded and aimed 30-30 caliber rifle. After being shot once by Charles Scheidel, Larry Sanders got up off the ground, re-aimed his rifle and advanced...

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