LITE DePALMA GRENNBERG & RIVAS, LLC
Two Gateway Center, 12th Floor
Newark, New Jersey 07102
(973) 623-3000

Attorneys for Plaintiff and the Class

MICHAEL DELANEY, individually and on behalf of all others similarly situated,

Plaintiff,

v.

ENTERPRISE RENT-A-CAR COMPANY, INC. and ELRAC, INC.,

Defendants.

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SUPERIOR COURT OF NEW JERSEY
OCEAN COUNTY : LAW DIVISION
Docket No.: OCN-L-1160-01

Civil Action

ORDER GRANTING CLASS CERTIFICATION AND APPOINTING CLASS REPRESENTATIVE AND CLASS COUNSEL, AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS PRE-APRIL 5, 1995 CLAIMS

THIS MATTER having been opened to the Court by Lite DePalma Greenberg & Rivas, LLC, Specter Specter Evans & Manogue, P.C., and Berger & Montague, P.C., attorneys for plaintiff, on notice to Drinker Biddle & Reath LLP and Folger Levin Kahn LLP, attorneys for defendants, and the Court having considered all papers filed in support of, and in opposition to, (a) plaintiff's motion for class certification, and (b) defendants' motion to dismiss claims prior to April 5, 1995 and/or to exclude persons having such claims from any certified class, and the Court having heard oral argument of counsel on September 13, 2002 and January 10, 2003, and having issued a letter opinion dated January 10, 2003 deciding those motions, and the parties having made submissions regarding the form of the order, and the Court having reviewed those submissions, and having heard oral argument regarding the form of the order on February 21, 2003, and the Court having issued a letter opinion dated February 26, 2003 regarding the form of the order

IT IS on this 11th day of March, 2003, ORDERED as follows:

1. Plaintiff's motion for class certification is granted as to all Count's of plaintiff's Complaint, as set forth below.

2. The certified class on the First, Second and Third Counts of plaintiff's Complaint is defined as follows:

All persons and entities

Who/which purchased Supplemental Liability Protection ("SLP") and/or Personal Accident Insurance ("PAI") in the State of New Jersey from or through Enterprise Rent-A-Car Company, Inc., ELRAC, Inc., or any of their employees, agents, and/or representatives (collectively "Enterprise") at any time from April 1, 1988 to December 19, 2000 (excluding the period July 31, 1993 through October 31, 1999), when plaintiff alleges that Enterprise was required to be and was not licensed to sell insurance in the State of New Jersey; and/or

Who/which, at any time after April 1, 1988 (except for the period July 31, 1993 through October 31, 1999), when plaintiff alleges that Enterprise was required under New Jersey law to provide a minimum third-party liability insurance coverage, purchased SLP in the State of New Jersey from or through Enterprise utilizing an Enterprise rental car agreement form that plaintiff alleges is the same or materially similar to that described in plaintiff's Class Action Complaint, and/or

Who/which purchased SLP, PAI, and/or Collision Damage Waiver ("CDW") in the State of New Jersey from or through Enterprise utilizing an Enterprise rental car agreement form that plaintiff's Class Action Complaint at any time after April 1, 1998 (except, as to SLP and PAI only, for the period July 31, 1993 through October 31, 1999).

3. The certified class on the Fourth, Fifth, and Sixth Counts of plaintiff's Complaint is defined as follows:

All persons and entities

Who/which purchased SLP and/or PAI in the State of New Jersey from or through Enterprise at any time from April 5, 1995 to December 19, 2000 (excluding the period April 5, 1995 through October 31, 1999), when plaintiff alleges that Enterprise was required to be and was not licensed to sell insurance in the State of New Jersey; and/or

Who/which, at any time after April 5, 1995 (except for the period April 5, 1995 through October 31, 1999), when plaintiff alleges that Enterprise was required under New Jersey law to provide a minimum third-party liability insurance coverage, purchased SLP in the State of New Jersey from or through Enterprise utilizing an Enterprise rental car agreement form that plaintiff alleges is the same or materially similar to that described in plaintiff's Class Action Complaint; and/or

Who/which purchased SLP, PAI and/or CDW in the State of New Jersey from or through Enterprise utilizing an Enterprise rental car agreement form that plaintiff alleges is the same or materially similar to that described in plaintiff's Class Action Complaint at any time after April 5, 1995 (except, as to SLP and PAI only, for the period April 5, 1995 through October 31, 1999).

4. Plaintiff Michael Delaney is hereby appointed as class representative and his attorneys, Bruce D. Greenberg of Lite DePalma Greenberg & Rivas, LLC, Joseph N. Kravec, Jr. and Bruce Carlson of Specter Specter Evans & Manogue, P.C., and Peter R. Kohn of Berger & Monague, P.C., are hereby appointed as Class Counsel.

5. Defendants' motion to dismiss pre-April 5, 1995 claims of class members based on pleadings is (a) granted as to the Fourth, Fifth, and Sixth Counts and (b) denied as to the First, Second, and Third Counts. This order does not preclude defendants from challenging plaintiff's required showing as to the First, Second, and Third Counts of the alleged fraudulent concealment and the corresponding period in which the statute of limitations would be tolled.

6. Counsel for plaintiff shall serve a copy of this Order on all counsel of record within two days of their receipt hereof.

7. The parties confer and submit within 60 days of the date hereof a proposed plan of notice and form of notice to be provided to the Class.

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Edward M. Oles, J.S.C.

THIS MOTION WAS:
  X   Opposed
        Unopposed

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