Davis

Charles R. Keukelaar, Shellie A. Keukel-aar, and Charles Rubin Keukelaar (collectively, the “Keukelaars”) appeal the district court’s grant of summary judgment in favor of State Farm Mutual Automobile Insurance Co. (“State Farm”). The Keukelaars were the unfortunate victims of a highway shooting. Walter Davis fired the shot while traveling in a van driven by Brian Painter. The van belonged to Davis and was insured under State Farm’s automobile liability policy (the “policy”). This cause was previously before us; we reversed and remanded. 1 State Farm Mut. Auto. Ins. Co. v. Davis, 937 F.2d 1415 (9th Cir.1991). The Keukelaars now appeal the district court’s granting of State Farm’s motion for summary judgment and we face the issue whether the shooting was an “accident” covered under the policy.

FACTS

The following facts are undisputed. Three marines, Sergeant Walter Davis, Corporal Brian Painter, and Corporal David Roberts, left Orange County, California, in Davis’ van and were travelling north to San Jose, California. During the trip, Painter was the driver, Davis was the front seat passenger, and Roberts was the back seat passenger. The three had been drinking before and during…