2 No. 39
ELRAC, Inc., d/b/a Enterprise Rent-A-Car,
Respondent,
v.
Gladys Ward, Appellant.
_________________________________________________________________
_________________________________________________________________
2 No. 402 No. 42
Tricia Ward, et al.,
ELRAC, Inc., d/b/a Enterprise Plaintiffs,
Rent-A-Car, v.
Respondent,
ELRAC, Inc., d/b/a Enterprise
v.
Rent-A-Car,
American Home Assurance Company, Respondent,
Defendant,
Douglas M. Seaton,
Sergio Sabaris, s/h/a Sergio Defendant,
Gabaris, Leslie Seaton,
Appellant.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
2 No. 41
American Home Assurance Company,
_________________________________________________________________
2001 NY Int. 38
April 3, 2001
This opinion is uncorrected and subject to revision before publication
SNIPPETS:
ELRAC, Inc., d/b/a Enterprise Rent-A-Car, Respondent, v. Gladys Ward, Appellant.
Tricia Ward, et al.,
ELRAC, Inc., d/b/a Enterprise Plaintiffs,
American Home Assurance Company, Respondent,
Sergio Sabaris, s/h/a Sergio Defendant,
This opinion is uncorrected and subject to revision before publication in the New York
Christopher A. Jeffreys, for respondent.
Can ELRAC, a rental car company, enforce a standard clause in its rental agreements requiring
We hold that ELRAC may not seek indemnification where the damage falls below the minimum
ELRAC, doing business as Enterprise Rent-a-Car, is a self-insured company, having obtained a
In its application for the certificate of self-insurance, ELRAC averred, among other things,
The agreements also state that ELRAC provides no bodily injury or property damage liability
The injured party sought damages from ELRAC -- the owner of the car - - pursuant to Vehicle
Defendant Gladys Ward rented a car from ELRAC and signed the standard indemnification clause.
The Appellate Division affirmed, stating that because ELRAC "seeks indemnification for sums
Third-party defendant Leslie Seaton rented a car from ELRAC and signed the standard
Supreme Court granted conditional summary judgment to ELRAC, concluding that Leslie Seaton
Sergio Sabaris, who was insured by defendant American Home Assurance Company, rented a car
The purpose of section 388 is to "ensure access by injured persons to 'a financially
Answering the specific question before us, we hold that section 370, which requires rental
we address the renters' argument that the antisubrogation rule precludes ELRAC from enforcing
While the present cases do not involve subrogation -- since ELRAC is not seeking to step into
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