The New York Court of Appeals recently granted leave to appeal to another notice issue to an insurer.  In Matter of New York Cent. Mut. Fire Ins. Co. v. Aguirre, the Appellate Division, Second Department held that the insurance contract was vitiated where the insured failed to file a sworn statement with the insurer after an alleged hit-and-run.  The likely open question is whether the very fact that the insured did not file a sworn statement vitiate the contract where the insurer had some notice of the accident.