context: Here, as in Kincaid, the plaintiff's proof was insufficient in law and fact to overcome the ballistic reports, the witness's statements, and the police testimony.
citation_a.signal: see also
citation_a.parenthetical: Russian Roulette death no less intentional than had gun been fully loaded and cannot be result of accident, but rather it should be presumed that the participant intended that he should be killed or injured should fate stop cartridge in spinning cylinder in the firing position
citation_a.sentence: See Koger v. Mutual of Omaha Ins. Co., 152 W.Va. 274, 163 S.E.2d 672 (1968) (beneficiary under policy covering death resulting from accidental bodily injury could not recover under evidence that immediately previous to shooting, insured had suggested playing Russian Roulette and had taken certain steps conforming to that design and died as a result of gunshot wound in the head); see also Thompson v. Prudential Ins. Co. of America, 84 Ga.App. 214, 66 S.E.2d 119 (1951) (Russian Roulette death no less intentional than had gun been fully loaded and cannot be result of accident, but rather it should be presumed that the participant intended that he should be killed or injured should fate stop cartridge in spinning cylinder in the firing position).
citation_b.signal: see
citation_b.parenthetical: beneficiary under policy covering death resulting from accidental bodily injury could not recover under evidence that immediately previous to shooting, insured had suggested playing Russian Roulette and had taken certain steps conforming to that design and died as a result of gunshot wound in the head
citation_b.sentence: See Koger v. Mutual of Omaha Ins. Co., 152 W.Va. 274, 163 S.E.2d 672 (1968) (beneficiary under policy covering death resulting from accidental bodily injury could not recover under evidence that immediately previous to shooting, insured had suggested playing Russian Roulette and had taken certain steps conforming to that design and died as a result of gunshot wound in the head); see also Thompson v. Prudential Ins. Co. of America, 84 Ga.App. 214, 66 S.E.2d 119 (1951) (Russian Roulette death no less intentional than had gun been fully loaded and cannot be result of accident, but rather it should be presumed that the participant intended that he should be killed or injured should fate stop cartridge in spinning cylinder in the firing position).