Interinsurance Exch. of the Automobile Club v. Flores

After being punched by a stranger, Eric Michael Sanders told his friend Roger Perez, who proposed revenge; armed with a gun, Perez got into Sanders's insured van, and Sanders drove them back to the scene, where Perez shot David Flores, a bystander at the intersection. Sanders later admitted he knew beforehand that someone was likely to be shot, and pleaded nolo contendere to aiding and abetting assault with a deadly weapon. David's mother Rosemary Flores (defendant) sued Sanders and others for conspiracy, negligence, and battery, alleging Sanders and Perez agreed to hunt down and shoot or maim the person who'd punched Sanders. Sanders's insurer, the Interinsurance Exchange of the Automobile Club (Auto Club) (plaintiff), sought a declaratory judgment on whether it owed any duty to defend or indemnify Sanders; the parties stipulated that Perez had intentionally shot Flores from Sanders's van, and the trial court found no coverage. Flores appealed.