Lumbermens Mutual Casualty Co. v. Progressive Casualty Insurance

Appeal from an order of the Supreme Court (Cheeseman, J.), entered December 5, 1989 in Albany County, which denied plaintiffs motion for summary judgment and granted defendant Progressive Casualty Insurance Company’s cross motion for summary judgment.

The issues presented on appeal in this action for declaratory judgment are whether (1) Supreme Court erred in granting summary judgment to defendant Progressive Casualty Insurance Company on the ground that plaintiff lacked standing to bring the action, and (2) the notice of cancellation was ineffective for failure to comply with the requirements…