CC&I specializes 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.
CC&I has successfully orchestrated agreements to have actions discontinued 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.
We are also well versed in the nuances of the procedural and substantive implications of New York’s Insurance Law §5102(d). Here again, CC&I takes pride in having a wide breadth of experience that offers our clients with seasoned litigators who know how to guide a personal injury case through the court docket so that it can be positioned for dismissal through a dispositive motion. Equally as critical is the capability to devise a complex litigation plan that results in the necessary defense evidence at trial. Whether the same comes in the form of video surveillance taken of a claimant dancing, where she claims she can not, or through the words of an expert biomechanical engineer or a specialist in Complex Regional Pain Syndrome, CC&I attorneys have the practical experience to meld the medical information into trial facts in such a way that they can be understood and believed by the jury.