has. 93Id * T 256th
4 N.Y.S; 2d 892 (Sup. CL 1997).
95'j `he provision reads:
LIABILITY PROTECTION. Paragraph (a) applies, if the CDP TERMS OF THEIR NUMBER OR RATE plan includes expansion to HERTZ OF LIABILITY PROTECTION.
(a) Within the limits in this paragraph, Hertz indemnify, hold harmless and defend you and all authorized operators and against third party liability, which by definition includes any of your OR AUTHORIZED OPERATOR RELATED relatives by blood, marriage, OR ARE YOU LIVING WITH FOR injury including death and property damage. The limits of protection, including OWNER'S LIABILITY, are the same as the minimum values OF AUTOMOBILE financial responsibility law of the country in which the accident occurs, UNLESS, higher limits apply for the CDP NUMBER PLATE on the rental RECORD WHEN THE ACCIDENT results of the use of the car, as defined by the agreement. . .
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(B), if you do not risk insurance PURCHASE TERMS SUPPLEMENT (LIS). . . At the beginning of the rental and AN ACCIDENT RESULTS FROM THE USE OF THE CAR, your insurance and the insurance of the operator that the vehicle is PRIMARY. This means that not granting HERTZ INDEMNITY defense or protection under this paragraph if either you or the operator will be followed by a valid collective AUTOMOBILE products liability insurance, WHETHER PRIMARY, excess or contingent WITH LIMITS at least the minimum requirements of APPLY [right].
Id at 692-93. Id% to 696th
97See, eg, Allstate Ins. Co. v. Mark, 592 NYS2d 212 (Sup Ct 1992); v. Rivela car rental Action, Inc., NYLJ., 3/1/93, p. 32, column 3 (Sup. Ct. 1993).
98,619 A.2d 1031 (NJ Super. Ct. App. Div. 1993).
99The state statute in question, N. J. Stat. Ann. 45:21-1 to 45:21-11 (West 1995), requires a car rental agency for liability insurance on their vehicles in the amount of $ 10,000 for an accident, damage to a person and $ 20,000 for an accident which the injury more than one person. Kattoura, 619 A.2d at 1034th "wid.
"o'639 A.2d 1154 (NJ Super. Ct. App. Div. 1993). 'o2947 P.2d 341 (Colo. 1997). 103Id. on 346th
"o" "The provision reads:
If an insured person with a car replacement or non-owned auto, [Al] state] liability insurance shall be excess insurance other collectible products. If more than one directive applies to a primary basis to an accident involving your car insurance, [Allstate] with [his] share with other collectible products liability insurance. Id at 343rd
05 Id 10Id.
"" In the words of the court, we "that, because of competition clauses against Colorado on public policy and the conclusion that the loss must be split between the insurers on a basis coprimary. "" ID.
'108The Applicable statutes read:
Coverage mandatory. (1) Each owner of a motor vehicle, which operates the motor vehicle on public roads in the country, or who knowingly permits the operation of the vehicle on the public roads of the country are in full force and implementation of a policy in the context of compliance with conditions this Part 7 for the car said.
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