Legal Opinion
Elrac, Inc. v. Ward
New York Court of Appeals
Decided April 3, 2001PublishedCited by 80 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Can ELRAC, a rental car company, enforce a standard clause in its rental agreements requiring the renter to indemnify it for any injuries caused to third parties by use of the rental car? We hold that ELRAC may not seek indemnification where the damage falls below the minimum insurance that the rental company is required to provide under section 370 (1) of the Vehicle and Traffic Law.
ELRAC, doing business as Enterprise Rent-A-Car, is a self-insured company, having obtained a certificate of self-insurance pursuant to Vehicle and Traffic Law § 370 (3). In…
2Cases cited22 opinions
- Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
- North Star Reinsurance Corp. v. Continental InsuranceNew York Court of Appeals · 1993
- Morris v. Snappy Car Rental, Inc.New York Court of Appeals · 1994
- Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
- Potts v. . PardeeNew York Court of Appeals · 1917
17 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Dreher v. Budget Rent-A-Car System, Inc.Supreme Court of Virginia · 2006
- State Farm Mutual Automobile Insurance Co. v. KoshySupreme Judicial Court of Maine · 2010
- In Re Sept. 11 Property Damage and Business Loss LitigationDistrict Court, S.D. New York · 2006
- Millennium Holdings, LLC v. The Glidden CompanyNew York Court of Appeals · 2016
- Lancer Insurance v. Republic Franklin InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
75 more not listed; retrieve them via the Exa API.