General Accident Insurance Company of America v. Louis I. Gonzales, Rosa Janeski, Pauline Setmajer

COFFEY, Circuit Judge.

On December 8, 1992 Louis Gonzales was returning home from work with four of his fellow employees when his vehicle was struck by an uninsured drunken driver, causing personal injury to Gonzales as well as his passengers. Gonzales’s insurance carrier, General Accident Insurance Company, sought a declaratory judgment under the federal diversity statute, 28 U.S.C. § 1331, 1 seeking to establish that Gonzales’s policy did not provide coverage for the accident. The district court granted summary judgment to the insurance company, reasoning that Gonzales was carrying…