Allstate Insurance v. Hereghty

—In an action for a judgment declaring that the plaintiff is not required to defend or indemnify the defendant Saverio Barbera in an underlying personal injury action, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Seidel, J.), dated January 23, 1998, which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs.

“It is well settled law that ‘if the insurer is to be relieved of a duty to defend, it must demonstrate that the allegations of the underlying complaint place that pleading solely and entirely within exclusions of the policy and…