Electric Insurance v. Boutelle

— Levine, J.

Appeal from an order of the Supreme Court at Special Term, (Lomanto, J.), entered November 21, 1985 in Schenectady County, which denied plaintiff’s motion for summary judgment.

Plaintiff insurance company issued a standard automobile liability policy to defendant Richard J. Hoick (Hoick) insuring his 1982 Dodge. Under the policy, coverage extended to any person using the vehicle, but it excluded any such person "using [the] vehicle without a reasonable belief that that person is entitled to do so”. On August 7, 1984, the vehicle was being driven by Hoick’s daughter, defendant…