ESQ HQNEW YORK LAW WATCH

Appellate Division, First Department · October 29, 2026 · 2026 NY Slip Op 06393

Matter of Progressive Direct Insurance Company v Wilmar Cifuentes Vargas

Read the official decision: 2026 NY Slip Op 06393

Holding The Appellate Division reversed the permanent stay of arbitration, remanding the matter for a hearing to determine if physical contact occurred and if the 24-hour reporting requirement was met. The court found that conflicting evidence regarding the accident and the reporting compliance necessitated a framed issue hearing rather than a definitive stay.

The court’s words

Physical contact is a condition precedent to an arbitration based on a 'hit and run' accident and the burden of proof to demonstrate physical contact is upon the insured

2026 NY Slip Op 06393, at the official text

almost collided with a car, causing him to panic and fall of his bike

2026 NY Slip Op 06393, at the official text

Upon arrival, [respondent] was found sitting on the sidewalk with NYPD present

2026 NY Slip Op 06393, at the official text

provided identifying information to the police at the scene and [he was] unsure why an NYPD report was never made

2026 NY Slip Op 06393, at the official text
CourtAppellate Division, First Department
DecidedOctober 29, 2026
Citation2026 NY Slip Op 06393
Area of lawInsurance
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06393
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1660

Recommended citation

ESQ HQ, New York Law Watch, Matter of Progressive Direct Insurance Company v Wilmar Cifuentes Vargas, 2026 NY Slip Op 06393 (Appellate Division, First Department, October 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06393/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 29, 2026. Updated October 29, 2026.