California, United States of America
The following excerpt is from Cox v. Prudential Ins. Co. of America, 172 Cal.App.2d 629, 343 P.2d 99 (Cal. App. 1959):
In Losleben v. California State Life Ins. Co., 133 Cal.App. 550, 24 P.2d 825, the insured jumped from the top of a work bench to the floor, a distance of three feet. In that case a physician testified that the cause of death was peritonitis which was caused by the twisting of the small intestine during the jump. It was said therein, 133 Cal.App. at page 556, 24 P.2d at page 827: 'While an injury to an insured person may result in greater or less degree from an original voluntary act upon his part, if there is some evidence which justifies the inference that the means which produced the injury contained something of an unexpected or unforeseen character involving other acts not intentionally done, the resulting injury may be said to be caused through accidental means.' It was also said therein, 133 Cal.App. at page 557, 24 P.2d at page 828: 'It cannot be said, as a matter of law, that the result flowed from any voluntary act done, and that the only means through which the injury occurred were those which the insured intended to employ. In our opinion, a question of fact was presented which was for the jury.'
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