State Farm Fire & Casualty Company v. Matthew S. Tringali, and Glenn K. Makua

This is an appeal from a summary judgment for the insured in an action for a declaration of rights and liabilities under a compulsory automobile liability insurance policy. We affirm.

I. Facts.

Glenn K. Makua intentionally drove his car against a stationary motorcycle on which Matthew S. Tringali was a passenger. Tringali brought a diversity action for personal injuries against Makua in the federal district court. Makua had automobile liability insurance with State Farm Fire & Casualty Company. The policy required State Farm “to pay all sums which the insured shall become legally obligated to pay as damages because of (A) bodily injury sustained by other persons ... caused by accident arising out of the ... use, ... of the owned motor vehicle; and to defend ... any suit against the insured alleging such bodily injury ... and seeking damages which are payable hereunder.. . . ” (emphasis supplied). State Farm filed the present action for a declaratory judgment that it has no obligation either to defend or to indemnify Makua, because the injuries to Tringali were not “caused by accident.” Makua made no appearance. State Farm and Tringali each moved for summary judgment.

The…