COMMERCIAL PIPE v. ALLSTATE INS. CO.


63 Misc.2d 870 (1970)

Commercial Pipe & Supply Corporation, Plaintiff, v. Allstate Insurance Company, Defendant.

Supreme Court, Erie County.

June 19, 1970


Attorney(s) appearing for the Case

Ohlin, Damon, Morey, Sawyer & Moot (George M. Gibson of counsel), for plaintiff. Phelps, Gray, Mansour & Hewitt (Benjamin N. Hewitt of counsel), for defendant.


NORMAN A. STILLER, J.

Presented here by way of a motion for summary judgment pursuant to CPLR 3212 is the question of whether the plaintiff was an assured under the omnibus clause of a policy issued by the defendant to a third party covering the vehicle involved in an accident and, therefore, entitled to be defended by defendant in an action brought thereon. The pleadings and the agreed statement of facts provide...

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