Inter-Insurance Exchange of Automobile Club v. Lopez

Appeal from a declaratory judgment establishing an insurer’s nonliability under the uninsured motorist provisions of an automobile insurance policy.

Lopez was driving the insured automobile, and was struck by an automobile from across the center divider driven by Clements. Clements had been struck by a third vehicle, which threw his ear into the path of the Lopez automobile. The third vehicle continued on its way, and its identity is unknown. For purposes of this action it was stipulated that the act of the hit-and-run vehicle was a proximate cause of the accident.

The policy covering the Lopez…