Swearinger

The Travelers Indemnity Company (Travelers) issued its “new easy-read type” liability insurance policy to Fall River Joint Unified School District (Fall River). In this action it seeks a declaration concerning the application of the policy to an automobile accident in which the driver, Tonya Gallion, was a Fall River student and a Sonia Swearinger, a passenger who was injured, a visiting student. Travelers admits an obligation to defend and indemnify Fall River but claims that neither Tonya nor her father (who owned the auto) are insureds. Travelers named as defendants Sonia Swearinger, Sonia’s parents, Sonia’s school district (Princeton Joint Unified School District), Tonya Gallion, her father and another passenger.

Travelers obtained a summary judgment against all defendants. It recites: “there is no liability coverage nor any other coverage available under the policy of The Travelers Indemnity Company herein which is Policy No. 650-226A636-A-IND-80 and . . . plaintiff herein has no obligation to investigate the facts concerning or to defend or indemnify defendants Tonya Ann Gallion, Rudy Gallion, or any other defendants against the claims arising because of the…