Opinion
2018-12229 Index No. 502925/18
10-23-2019
In the Matter of PROGRESSIVE DIRECT INSURANCE COMPANY, appellant, v. Irina OSTAPENKO, respondent.
Morris Duffy Alonso & Faley, New York, N.Y. (Iryna S. Krauchanka and Andrea M. Alonso of counsel), for appellant. Helen F. Dalton & Associates, P.C., Kew Gardens, N.Y. (Sofya Janashvili of counsel), for respondent.
Morris Duffy Alonso & Faley, New York, N.Y. (Iryna S. Krauchanka and Andrea M. Alonso of counsel), for appellant.
Helen F. Dalton & Associates, P.C., Kew Gardens, N.Y. (Sofya Janashvili of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JOHN M. LEVENTHAL, HECTOR D. LASALLE, JJ.
DECISION & ORDER ORDERED that the order is reversed insofar as appealed from, on the law, with costs, that branch of the petition which was to permanently stay arbitration is granted, and the arbitration is permanently stayed. The respondent, Irina Ostapenko, allegedly was injured when the vehicle she was driving was struck in the rear by another vehicle that then left the scene. The vehicle Ostapenko was driving was insured by the petitioner. Ostapenko filed a request for uninsured motorist arbitration. The petitioner commenced this proceeding, inter alia, to permanently stay arbitration. In an order dated August 7, 2018, the Supreme Court, among other things, in effect, denied that branch of the petition which was to permanently stay arbitration. The petitioner appeals.
The Supreme Court should have granted that branch of the petition which was to permanently stay arbitration. The subject insurance policy required the insured or someone acting on the insured's behalf to report the collision within 24 hours or as soon as reasonably possible to a "police, peace or judicial officer or to the Commissioner of Motor Vehicles." Ostapenko's failure to comply with this requirement in the absence of a valid excuse vitiates coverage (see Matter of Country–Wide Ins. Co. v. Chaudry, 171 A.D.3d 1052, 96 N.Y.S.3d 903 ; Matter of Geico Ins. Co. v. Silverio, 171 A.D.3d 924, 96 N.Y.S.3d 329 ; Matter of Government Empls. Ins. Co. v. Baik, 94 A.D.3d 888, 889, 941 N.Y.S.2d 872 ; Matter of Eagle Ins. Co. v. Brown, 309 A.D.2d 749, 750, 765 N.Y.S.2d 273 ; Matter of Interboro Mut. Indem. Ins. Co. v. Napolitano, 232 A.D.2d 561, 562, 648 N.Y.S.2d 978 ).
In light our determination, the petitioner's remaining contention need not be reached.
BALKIN, J.P., CHAMBERS, LEVENTHAL and LASALLE, JJ., concur.