Thomas v. Benchmark Insurance

The opinion of the court was delivered by

Nuss, J.:

This case concerns a dispute about automobile liability insurance. While fleeing police, Melissa Gutierrez lost control of the car she was driving at a high rate of speed, killing her and passenger Ramon Sanchez and injuring passenger Victor Reyes. In a declaratory judgment action, Reyes and Rene Thomas, as parent and natural guardian of minors and heirs at law of Sanchez, sought a ruling that Gutierrez’ Benchmark Insurance Company policy provided coverage. The district court entered summary judgment against Benchmark; a divided panel of our…