National Car Rental System, Inc. v. Philadelphia Indemnity Insurance

Order, Supreme Court, New York County (Edward Lehner, J.), entered June 26, 2001, which granted defendant insurer’s motion for summary judgment declaring that it is not obligated to indemnify plaintiff car rental company for the unreimbursed amount plaintiff paid to settle an underlying personal injury action arising out of an accident involving one of its cars, unanimously affirmed, without costs.

Plaintiff’s rental agreement authorized operation of the rented car by members of the renter’s immediate family provided they permanently lived with her and were at least 25 years old. The rented…