Lumbermens Mutual Casualty Co. v. Progressive Casualty Insurance

Casey, J. (dissenting). Supreme Court’s order granting summary judgment to defendant Progressive Casualty Insurance Company should be affirmed. The issues raised in this declaratory judgment action concerning the validity of Progressive’s *711notice of cancellation and its disclaimer of coverage can be adequately explored in the context of a proceeding to stay arbitration (see, Matter of Empire Mut. Ins. Co. [Malagoli], 133 AD2d 29; Matter of Lion Ins. Co. v Campbell, 76 AD2d 838). Accordingly, this is not an appropriate case for declaratory relief (see, Automated Ticket Sys. v Quinn, 90 AD2d…