Attorney obtained summary judgment on behalf of defendant insurance company

Attorney obtained summary judgment on behalf of defendant insurance company. Plaintiff was involved in a motor vehicle accident wherein she was struck from behind by the co-defendant. The co-defendant's insurance carrier initially denied coverage on "permissive use". Defendant was brought in for an Uninsured Motorist claim which they initially denied due to the coverage availability of co-defendant. It was determined through discovery, including depositions of various co-defendants, that the owner had initially mis-represented to co-defendant that she did not give permission to the driver of her vehicle, but later in depositions, under oath, advised that he did in fact have permission to use the vehicle. Defense attorney argued to the court that under the relevant case law "When a person is given permission to use a motor vehicle in the first instance, any subsequent use, regardless of whether it was within the contemplation of the original loaning party, is permissive use so long as it does not constitute "theft or the like". The court found granted summary judgment to defendant and further advised that coverage was to be applied to the co-defendant under that policy, he was found to be a permissive user at the time of the accident and therefore qualified as an insured under the policy with co-defendant for coverage against any claims brought by the plaintiff.