Allstate Insurance v. Weiss

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioner appeals from an order of the Supreme Court, Nassau County (Saladino, J.), dated March 30, 1990, which denied the application.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a trial on the issue of whether there was any "physical contact” between the respondent insured’s vehicle and the alleged "hit-and-run” vehicle.

In this matter the insured alleged that there was actual physical contact between his vehicle and that of a…