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Court of Appeals – Vehicle and Traffic Law: Second Child, et al. v. Edge Auto Inc., et al.

Daily Record Staff//May 18, 2026//

Court of Appeals – Vehicle and Traffic Law: Second Child, et al. v. Edge Auto Inc., et al.

Daily Record Staff//May 18, 2026//

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New York State Court of Appeals

Vehicle and Traffic Law — The Graves Amendment – Preemption
Second Child, et al. v. Edge Auto Inc., et al.

No. 30

Judge Singas

Background: At issue on appeal is whether the Graves Amendment preempts Section 370 of the Vehicle and Traffic Law’s primary insurance requirement.

Ruling: The Court of Appeals held that section 370, insofar as the Court of Appeals has interpreted it to require rental car companies to provide primary liability insurance coverage to renters, does not fall within the Graves Amendment’s savings clause and is preempted, but that section 370’s requirement that rental car companies carry a specified minimum amount of insurance is not preempted.

Walter D. Santiago Jr. for the appellants; Eric D. Mercurio for the respondents.

Oral argument video

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