Articles and Cases
Legislative Report 2010-2011
This is a partial listing of state and federal legislative activity that we think is germane to the vehicle rental business. The report covers the past 12 months, and shows legislation passed during that period as well as legislation that remains pending as of this date.
Legality of Special Fees - such as parking ticket processing fees
Blay v Zipcar
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CDW Exclusion for Intentional Acts
Danvers Motors v Looney
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Referencing Third Party Terms in the Rental Agreement
Doherty v. Hertz, et al.
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Negligent Entrustment - Driver with outstanding arrest warrants
Ellis v. Jarmin
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Can Loss of Use Recovery be affected by underground cable cases?
MCI WORLDCOM NETWORK SERVICES, INC., Appellant, vs. MASTEC, INC., Appellee.
Recovering loss of use has been a stable and consistent part of car rental damage claims since the car rental business started. Individual loss of use claims may be small but over the life of a rental business total recoveries for loss of use can amount to hundreds of thousands of dollars. Third party claims administrators have been so confident of recovering loss of use that their fees for services are often covered - at least in part - by sharing loss of use recoveries with the rental company. But now a string of cases involving damaged underground telephone cables threatens to rewrite some state laws and run roughshod over car rental loss of use claims.
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