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MATTER OF LIBERTY MUTUAL INSURANCE COMPANY v. TETTEH

277 A.D.2d 239 (2000)

716 N.Y.S.2d 399

In the Matter of LIBERTY MUTUAL INSURANCE COMPANY, Respondent, v. BENJAMIN TETTEH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 6, 2000.

Ordered that the order is reversed insofar as appealed, on the law, with costs, and the declaration is vacated.

The Supreme Court erred in considering the issue of the maximum liability of Liberty Mutual Insurance Company (hereinafter Liberty Mutual). "In effect [Liberty Mutual] inserted an application for a declaratory judgment into the proceeding for a stay of arbitration, without statutory authorization" (Matter of Allstate Ins. Co. v Olsen,

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