AIU INSURANCE COMPANY v. ELRAC, INC.


287 A.D.2d 668 (2001)

732 N.Y.S.2d 105

AIU INSURANCE COMPANY, Appellant, v. ELRAC, INC., Doing Business as ENTERPRISE RENT-A-CAR COMPANY, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 29, 2001.


Ordered that the order and judgment is affirmed, with costs.

In ELRAC, Inc. v Ward (96 N.Y.2d 58, 78), the Court of Appeals held that "Vehicle and Traffic Law § 370 requires rental car companies to provide primary insurance to their renters up to the minimum liability limits provided by the statute," and as a result, "the indemnification clause in ELRAC's rental agreements...

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