However, counsel "must submit supporting facts in evidentiary form sufficient to justify the default" (Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 554 [2001]) and include "a detailed explanation of [the] oversights" (Hospital for Joint Diseases v ELRAC, Inc., 11 AD3d 432, 433 [2004]; see also Grezinsky v Mount Hebron Cemetery, 305 AD2d 542 [2003]; Morris v Metropolitan Transp. [read post]

Although leasing and rental companies and their insurers have learned to limit or circumvent its holding in relation to mandatory liability insurance coverages owed to lessees, renters and customers, New York judges continue to apply its holding to prevent insurers from subrogating against parties to whom or which they owed defense and indemnification coverage for the same risk, as in the recent decision in ELRAC, Inc. d/b/a Enterprise Rent a Car v. [read post]

Elrac, Inc.(1st Dept., decided 6/10/2008)Technically this is not an insurance coverage case, but its holding certainly will affect the array of liability coverages available to respond to injuries or damages resulting from the use of rental cars in New York State.In AFFIRMING the Bronx County Supreme Court's grant of summary judgment to Elrac (Enterprise Rent A Car), the First Department once again ruled that plaintiff's vicarious liability claims against… [read post]