Thomas v. Benchmark Insurance

Green, J.:

Ramon Sanchez was killed and Victor Reyes was injured when Melissa Gutierrez lost control and wrecked the car that she was driving. Both Sanchez and Reyes were passengers in the car. Reyes, along with Rene Thomas, who is the mother of Sanchez, and the natural guardian of Sanchez’ minor children, filed a declaratory judgment action. Reyes and Thomas, the plaintiffs, sought to determine whether Gutierrez, who also died in the wreck, had liability coverage for the wreck under a car insurance policy issued to her by Benchmark Insurance Company (Benchmark). Benchmark contended that no…