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MATTER OF ELRAC, INC. v. EXUM

No. 230.

18 N.Y.3d 325 (2011)

938 N.Y.S.2d 252

2011 NY Slip Op 8961

In the Matter of ELRAC, INC., Appellant, v. BIRTIS EXUM, Respondent.

Court of Appeals of New York.

Decided December 13, 2011.

Attorney(s) appearing for the Case

Carman, Callahan & Ingham, LLP, Farmingdale ( Michael F. Ingham of counsel), for appellant.

Robin Grumet , New York City, and Richard M. Kass for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION 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...

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