MDAF is experienced in providing litigation related defense services to companies who provide retail rental vehicles to the general public. This is a very focused practice area especially as it relates to an “owner’s” potential liability for damages in New York and insurance coverage that may apply to the renter or other users of the vehicle.
New York case law in this area is continuing to develop both from the vantage point of New York’s Vehicle and Traffic Law §388 with particular reference to the Federal Transportation law and compelled coverage from carriers otherwise seeking to avoid their policy obligations codified at 49 U.S.C.A §30106, as well as particular legal rights available to self-insured companies.
MDAF has successfully obtained discontinuations against rental car companies, pursuant to the Federal Transportation law. In addition to those claims presented against our clients, issues of insurance coverage such as additional insured certificates and hold harmless provisions in loaner agreements are routinely analyzed by our attorneys and their applicability and enforceability assessed.
MDAF is also well versed in the nuances of the procedural and substantive implications of New York’s Insurance Law §5102(d). MDAF takes pride in having seasoned litigators who know how to guide such a case through the court docket so that it can be positioned for dismissal through a dispositive motion. Equally as critical is MDAF’s capability to devise a complex litigation plan in the event that trial is necessary.
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