Monday, July 30, 2012

The court opinion stated that as a result, the driver, Lalitkumar Khandewal, who is married to Swarn




A New Jersey Superior Court, Appellate Division, held in the case Swarnlata Khandelwal cheap ticket to florida vs. Zurich Insurance Co. that an intra-familial exclusion rule included in Budget Rent-A-Car of North Brunswick s supplemental liability insurance (SLI) policy was void since the exclusion did not meet New Jersey public policy for automobile insurance. Intra-familial exclusion cheap ticket to florida means that the insured s family cheap ticket to florida would not be covered for injury claims resulting from the insured s use of that vehicle.
cheap ticket to florida While the court recognized cheap ticket to florida that there have been other cases in which intra-familial exclusion cheap ticket to florida rules in insurance policies were upheld, the case opinion stated cheap ticket to florida that New Jersey courts and Legislature have continuously agreed that intra-familial exclusions are not permitted in regards to automobile insurance.
The advice I give to all clients is that you need to look carefully at how you re describing the products you re selling and to make sure that your descriptions match state law, said Wesley cheap ticket to florida Hurst, a Los Angeles attorney experienced in rental car company litigation and representation, after reviewing the case.
Hurst added that while SLI policies have added value, where the claimant is a third-party such as a pedestrian or a driver of another vehicle, the product still must meet automobile insurance requirements outlined cheap ticket to florida by state law.
And in the case of Swarnlata Khandelwal vs. Zurich Insurance Co. , even though the SLI policy was in excess to the rental car company s legally required basic insurance coverage which is secondary in the state the same rule applies. As well, the SLI policy said that while basic insurance is secondary, if SLI is purchased, then both the SLI policy and the basic insurance coverage cheap ticket to florida become primary.
The court opinion stated that as a result, the driver, Lalitkumar Khandewal, who is married to Swarnlata and has two children, is entitled cheap ticket to florida to coverage under the basic insurance coverage that came with the rental cheap ticket to florida agreement. In regards to his family, the court said that they are covered by the SLI policy, in which the provisions are automatically amended to comply with New Jersey law.
Lalitkumar Khandewal, who was accompanied by Swarnlata and their two children, rented a vehicle from Budget cheap ticket to florida Rent-A-Car of North Brunswick cheap ticket to florida in 2007. Lalitkumar was concerned about traveling with his family, and according to him, was encouraged by the Budget employee to purchase cheap ticket to florida SLI.
While Lalitkumar claimed cheap ticket to florida that the employee misled him to believe SLI included familial coverage, the appeals court did not address this issue due to lack of material evidence, since Lalitkumar admitted that the employee never directly said the SLI policy included claims cheap ticket to florida for familial injuries nor did he ask the employee if this coverage was included.
Lalitkumar also stated that the coverage exclusions were not explained to him when the policy was offered, which after the court examined cheap ticket to florida the employee highlights cheap ticket to florida script, it found no mention of the intra-familial exclusion, though it was outlined in the policy paperwork given to Lalitkumar.

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