INTERINSURANCE EXCH. OF THE AUTOMOBILE CLUB V. FLORES
53 Cal.Rptr.2d 18 (1996)
NATURE OF THE CASE: Flores (D) sought review of the order, which ruled that Insurer (P)
was not obligated to indemnify an insured driver for the driver's liability in an
intentional shooting in which D victim was injured.
FACTS: An unknown pedestrian punched Sanders in the face while Sanders, the insured, sat
in his van waiting for a traffic light to change. Sanders told Roger Perez of the incident.
Perez suggested they return to the scene, locate the assailant and seek retribution. Perez
told Sanders he was armed with a handgun before he and others got into the van. Sanders knew
that someone was likely to get shot. He drove Perez and the others back to the intersection
where he had been punched. D stood on the corner of the intersection. While Sanders drove
by, Perez intentionally shot and injured D from the van. The van itself did not inflict any
injury on D, nor was it used to block or pin down D. Sanders pled nolo contendere to the
felony of aiding and abetting the shooting of D. D filed the underlying civil suit against
Sanders and others for conspiracy, battery and negligence. P reserved its rights to deny
coverage and filed the instant declaratory relief action to determine whether or not it had
a duty to defend or indemnify Sanders for liability in the underlying P action under the
policy. The trial court found that the shooting was not an accident, that Sanders acted
intentionally in aiding and abetting the shooting and that the injuries inflicted on the P
family were not covered by the instant policy. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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