Gallaher v. Republic Franklin Insurance

Appeal and cross appeal from an order of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered December 12, 2008. The order denied the motion of defendant for summary judgment.

It is hereby ordered that the order so appealed from is *1360unanimously reversed on the law without costs, the motion is granted and judgment is granted in favor of defendant as follows:

It is adjudged and declared that defendant is not obligated to provide supplementary uninsured motorist coverage to plaintiff.

Memorandum: Plaintiff, a volunteer firefighter, commenced this action seeking a declaration that…