Allstate Insurance v. Gill

—Order unanimously reversed on the law without costs, motion granted and judgment granted in accordance with the following Memorandum: Supreme Court erred by denying the motion of plaintiff, Allstate Insurance Co. (Allstate), for summary judgment declaring that Allstate had no obligation to defend or indemnify Robert Gill in a personal injury action by David A. Gouchie. The evidence submitted on the motion for summary judgment established, as a matter of law, that Gill was not an insured person under the policy. Gill was not operating the vehicle with permission when he, the front seat…