In ELRAC, Inc. v. Ward (96 NY2d 58, 748 NE2d 1, 724 NYS2d 692 [2001]), the Court of Appeals addressed whether ELRAC, a rental car company, can enforce a standard clause in a rental agreement that requires the renter to indemnify it for any injuries caused to third parties by use of the rental car. It held that plaintiff may not seek indemnification where the damage falls below the minimum insurance that the rental company is required to provide under Vehicle and Traffic Law 370 (1).