Allstate Insurance Company v. Melanie Manzo-Pianelli, Alana Proctor and United Service Automobile Association a/k/a USAA

Allstate appeals an order, entered after summary judgment, determining that a permissive user of a motor vehicle was covered under an umbrella policy issued by Allstate. We reverse, as an issue of material fact remains regarding whether the insured could be “legally obligated” to pay damages, which is necessary for there to be coverage for the permissive user under the policy.

In August 2007, Alana Proctor, the permissive driver of a vehicle owned by Neil Seiden, was involved in an automobile accident with Melanie Manzo-Pianelli. Seiden had an insurance policy with State Farm that provided…