Legal Opinion
Elrac, Inc. v. Exum
New York Court of Appeals
Decided December 13, 2011PublishedCited by 7 opinions
1Opinion of the Court
*327OPINION OF THE COURT
Smith, J.
We hold that a self-insured employer whose employee is involved in an automobile accident may be liable to that employee for uninsured motorist benefits, notwithstanding the exclusivity provision of the Workers’ Compensation Law.
Birtis Exum was an employee of Elrac, Inc. (a subsidiary of Enterprise Rent-A-Car Company). While driving, in the course of his employment, a car owned by Elrac, Exum was in an accident with another car, driven by a person without liability insurance. Elrac was self-insured, as allowed by Vehicle and Traffic Law § 370 (3), and thus had not…
2Cases cited4 opinions
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- Allstate Insurance v. ShawNew York Court of Appeals · 1980
- In re the Arbitration between Country-Wide Insurance & ManningNew York Court of Appeals · 1984
- Elrac, Inc. v. ExumAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by7 opinions
- Contact Chiropractic, P.C. v. N.Y.C. Transit Auth.Court for the Trial of Impeachments and Correction of Errors · 2018
- Contact Chiropractic, P.C. v. New York City Tr. Auth.New York Court of Appeals · 2018
- Contact Chiropractic, P.C. v. N.Y.C. Transit Auth.Court for the Trial of Impeachments and Correction of Errors · 2018
- HAUBER-MALOTA, MICHELLE T. v. PHILADELPHIA INSURANCE CO.Appellate Division of the Supreme Court of the State of New York · 2014
- Hauber-Malota v. Philadelphia Insurance CompaniesAppellate Division of the Supreme Court of the State of New York · 2014
2 more not listed; retrieve them via the Exa API.