Judge J. Paul Oetken
Susanu works in Garsch Garage Corp.'s parking garage. Century Surety's commercial lines policy to Garsch—effective from Oct. 10, 2009, to Oct. 10, 2010—contained a "Named Driver Exclusion" as well as an extension under which a Porsche owned by Roe was a "covered auto." Marzec sued Garsch and Susanu in Manhattan supreme court after he was hurt, in January 2010, while Susanu was operating Roe's Porsche inside the Garsch garage. Pursuant to 28 USC §1332(a)(1) Century Surety sought a declaration that it had no duty to defend or indemnify Garsch or Susanu for any claims stemming from the accident, including the underlying state court action against them. Granting Garsch judgment on the pleadings district court denied Century summary judgment. Century's duty to indemnify or defend turned on the court's interpretation of the Named Driver Exclusion. Both Century and Garsch agreed that Susanu was driving a covered automobile when Marzec was hurt and that Susanu was not among the three individuals listed in the Named Driver Exclusion. Thus, logically, because Susanu was not a named individual within the Named Driver Exclusion's schedule, the subject insurance policy's coverage applied to him.
