State Farm Mutual Automobile Insurance Co. v. Sheldon B. Fernandez, and Marlene J. Mira

State Farm Mutual Automobile Insurance Company (“State Farm”) brought this action for declaratory relief against Sheldon B. Fernandez and Marlene J. Mira, who are the beneficiaries of an automobile insurance policy issued by State Farm. The district court granted a summary judgment in favor of State Farm, holding that the policy did not cover certain injuries to Fernandez and that Fernandez was not entitled to arbitration on the issue of coverage. We affirm.

I

BACKGROUND

At approximately 2 a.m. on June 13, 1981, Fernandez was leaving the Kekaha Naval Base in his pickup truck. Another vehicle, which was driven by Mark White, approached Fernandez’s truck from the opposite direction. Because White was using his high beams, Fernandez shifted from low beams to high beams and back again. White responded by shifting from high beams to low beams and back again. This process was repeated several times. When White’s vehicle passed Fernandez’s truck, White shouted at Fernandez. Fernandez turned his truck around and pursued White. After Fernandez stopped next to White, both drivers left their vehicles. In the ensuing confrontation, White stabbed Fernandez in the stomach.

Fernandez and…