Generali U.S. Branch v. The Boyd School, Inc.

Summary

The Alabama Supreme Court affirmed summary judgment for The Boyd School, holding that a transportation-of-pupils exclusion in the School's liability policy did not apply because the underlying injury involved a child who was not being transported as a student. The court further held that the parking exception to the automobile exclusion provided coverage because the accident occurred while an employee was moving his vehicle from a parking space on the School's premises. Generali was therefore obligated to defend and indemnify the School for the underlying claims.

Holdings

1. The transportation-of-pupils exclusion did not apply because the underlying claim arose from alleged breaches of duties owed to Joe's niece, not from injuries to or duties owed to the students who were riding in the automobile.
2. The parking exception provided coverage because Joe's automobile was not shown to have been loaned to the School, and Torey was injured while Joe was moving the automobile from a parking space in a designated parking area on School premises.

Questions Presented

1. Whether the policy's transportation-of-pupils exclusion precluded coverage for claims arising from Torey's bodily injuries.
2. If the transportation-of-pupils exclusion did not apply, whether the parking exception to the automobile exclusion provided coverage for the claims.

Disposition

affirmed