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Torts Keyed to Miller
Interinsurance Exch. of the Auto. Club v. Flores
Citation:
53 Cal. Rptr.2d 18 (Ct. App. 1996)Facts
Interinsurance Exch. of the Auto. Club (Plaintiff) filed a declaratory action to determine whether it bore any responsibility for defending or indemnifying a man involved in a car altercation that resulted in Flores (Defendant) getting shot. Sanders, the insured party under Plaintiff’s policy, was punched in the face by a pedestrian. Sanders later told his friend Roger Perez of the incident. Perez suggested vengeance. Perez got into Sanders’s van with a gun, and Sanders drove to the scene of the incident. While driving by the intersection scene, Perez shot Flores, who was standing on the corner. Under the policy, Plaintiff was responsible for damages for bodily injury “caused by an occurrence arising out of the … use” of the insured vehicle. The declaratory suit went to trial on stipulated facts, which contained a stipulation that Perez had intentionally shot Flores from Sanders’s van. The trial court ruled that Plaintiff was not responsible to Sanders.
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