Avis Budget Group, Inc. et. al. v. Marie Desrosiers, et al.
Index No. 612429/2019
Supreme Court –New York – County of Nassau
In a decision out of the Supreme Court, Nassau County, HLG was successful in obtaining a judgment that relieved Avis Budget Group, Inc. of its obligation to provide No-Fault and Liability coverage on a suspect loss. After rental car carrier’s preliminary investigation revealed possible indicia of fraud, it retained HLG to assist in its investigation into whether the motor vehicle loss in question was a staged and/or intentional loss. HLG conducted the examinations under oath (EUOs) of the vehicle’s three (3) occupants. When Avis Budget Group reviewed all the evidence, including but not limited to the multiple discrepancies in the EUO testimony, it made the decision to deny personal injury protection and liability coverage. To validate its denial of coverage, HLG commenced a declaratory judgment action on behalf of Avis Budget Group. After being presented with all evidence, the Court determined the motor vehicle incident in question was a staged and/or intentional loss and as such, Avis Budget was relieved of its obligations to provide No-Fault and Liability coverage which included over $180,000 of previously submitted claims.