Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Interinsurance Exch. of the Automobile Club v. Flores

California Court of Appeal
53 Cal. Rptr. 2d 18 (1996)


While stopped at an intersection in his van, Eric Michael Sanders was punched in the face by a pedestrian. When Sanders told his friend Roger Perez what had happened, Perez proposed vengeance. Armed with a handgun, Perez got into Sanders’s van, and Sanders drove to the scene of the incident. As they drove by the intersection, Perez shot David Flores (David), who was standing on the corner. After the shooting, Sanders admitted to knowing beforehand that someone was likely to be shot. Sanders pleaded nolo contendere to aiding and abetting an assault with a deadly weapon. Rosemary Flores (defendant), on behalf of herself and as guardian ad litem for David, sued Sanders and others for conspiracy, negligence, and battery. Each cause of action was supported by the allegation that Sanders and Perez “agreed to hunt down, shoot, and either kill or maim” the person who punched Sanders. The Interinsurance Exchange of the Automobile Club (Auto Club) (plaintiff) filed an action for declaratory relief, seeking to establish whether it bore any responsibility for defending or indemnifying Sanders in Flores’s suit. Sanders’s van was insured by the Auto Club. The policy covered 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 included a stipulation that Perez had intentionally shot Flores from Sanders’s van. The trial court ruled that the Auto Club bore no coverage responsibility to Sanders. Flores appealed.

Rule of Law


Holding and Reasoning (Gilbert, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 409,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial