![]() ![]() Renter represents and warrants that they have and will maintain in force during the term of this rental agreement, BODILY INJURY and PROPERTY DAMAGE LIABILITY INSURANCE for renter, other operators, users, passengers and third parties equal to the financial responsibility limits required by the applicable Motor Vehicle Financial Responsibility Laws of the state where the vehicle is operated or used. Enterprise provides no BODILY INJURY or PROPERTY DAMAGE LIABILITY INSURANCE or coverage to renter or any other operator or user for bodily injury or property damage to renter, operator, user, passengers, or any third party. Williams rented an automobile owned by ELRAC on December 28, 1994, and executed a rental agreement ("ELRAC Rental Agreement") which contains the following two indemnity provisions: 6. Allstate also issued a "Rental Vehicle Coverage Endorsement" in connection with Williams' policy, which provides coverage for the insured's obligations if any rental vehicle is damaged or lost. Bowles' complaint seeks over $5 million in damages.Īllstate issued an automobile policy to Rosalind Williams ("Williams") for the policy period Octoto April 21, 1995. On February 6, 1995, Bowles filed a complaint in the Supreme Court of the State of New York, County of Queens, against Snappy and Hoelderlin, alleging that the rental vehicle Hoelderlin was operating "rear ended" Bowles' vehicle, causing Bowles to suffer various injuries. At the time of the accident, Hoelderlin was operating the automobile rented from Snappy. ![]() On May 18, 1993, an automobile accident involving Hoelderlin and Otis Bowles, Jr. I and all Authorized Renters will defend, indemnify, and hold You harmless from all claims, liabilities, and expenses for *412 bodily injury, death or property damage, arising out of the use, operation or possession of the Car by anyone while the Car is on rent to Me. You are relying upon My representation about My automobile insurance, and You are not providing automobile liability insurance, or any other form of insurance covering the Car, to Me or to any other person using or riding in the Car while it is on rent to Me. ![]() I represent to You that I have a valid policy of automobile liability insurance in force for bodily injury or death of another, and for property damage. Hoelderlin rented an automobile from Snappy on April 26, 1993, and executed a rental agreement ("Snappy Rental Agreement") which contains the following two provisions: A. Allstate also issued a "Rental Vehicle Coverage Endorsement" in connection with the Hoelderlin policy which provides coverage for the insured's obligations in the event of damage or loss of any rental vehicle. There is, therefore, no issue of either jurisdiction or venue.Īllstate issued an automobile policy to Richard Hoelderlin ("Hoelderlin") for the policy period of to November 13, 1993. Both Snappy and ELRAC are licensed to and, in fact, do transact the business of renting vehicles for hire in the State of New York. ELRAC is a corporation organized under the laws of the State of Delaware, with its principal place of business in Hackensack, New Jersey. Snappy is a corporation organized under the laws of the State of Ohio, with its principal place of business in Tulsa, Oklahoma. Schwartz on June 26, 1997.įor the reasons set forth below, the court hereby denies both Snappy's and ELRAC's motions for summary judgment, and hereby grants Allstate's cross-motion for summary judgment.Īllstate is a corporation organized under the laws of the State of Illinois, with its principal place of business in Northbrook, Illinois. This case was reassigned to this judge from Judge Allen G. Allstate filed a cross-motion for summary judgment. On October 16, 1996, both Snappy and ELRAC filed motions for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure. ("ELRAC"), seeking declaratory relief pursuant to 28 U.S.C. Plaintiff, Allstate Insurance Company ("Allstate"), commenced the above-captioned action on Jagainst defendants, Snappy Car Rental, Inc. Kassirer, Lester, Schwab, Katz & Dwyer, New York City, for defendants. Brand, Brand & Brand, Garden City, NY, Paul L. *411 Teresa Graham, Rosenman & Colin, LLP, New York City, for plaintiff.ĭavid W. ![]()
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