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
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 29, 2026 |
| Citation | 2026 NY Slip Op 06393 |
| Area of law | Insurance |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06393 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1660 |
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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