Contents of Auto Rental News - MAR-APR 2012

Magazine for the professional car and truck rental industry.

Page 16 of 35

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LaPLACA
law from a personal property tax/titling tax to simple percentage of revenue paid to the state. "T e state and counties still got their mon- ey and it saved rental operations a lot of mon- ey and eff ort in 'tax avoidance strategies,'" El- der says. "More importantly, it was the fi rst time we learned that large and small compa- nies could work together for the good of the in- dustry, the consumer and the State of Virgin- ia." Similar grassroots eff orts were taking hold through other state CATRALAs. "It is my be- lief that these eff orts were the genesis of the na- tional association that would become ACRA (American Car Rental Association)," Elder says.
A Trusted Adviser
LaPlaca's relationships with his clients of- ten spanned decades. In the 1980s, LaPlaca was named outside general counsel to the U- Save Auto Rental system, and through a stock purchase would later become part owner. His work with U-Save continued until his death. In the 1980s he also served as counsel to FACT, an association of Hertz licensees.
(Top, left) Michael and his son Andy
in front of one of Michael's many cars, this one a 92 Ford Thunderbird. (Below) LaPlaca holds court at a Rent-A-Wreck and Priceless Rent-A-Car convention, as he had for nearly 20 years. "I'll remember him not only for his encyclopedic knowl- edge of the laws of our industry, but for his friendliness, his easygoing nature, his humility and his compassion," says Jason Manelli of Rent-a-Wreck and Priceless.
LaPlaca worked with Rent-A-Wreck and Priceless Rent-A-Car for more than 30 years, and he attended every Rent-A-Wreck and Priceless convention for nearly 20. LaPlaca saw Rent-A-Wreck go through many changes and was instrumental in introducing past management to current owner- ship, as related by Jason Manel- li of Rent-A-Wreck. Aſt er many years of con- sulting to Payless Car Rent- al, he became that compa- ny's general counsel in 2006.
A Written Legacy T e rental agreement is perhaps taken for granted by the renting public, but it's of utmost importance to the rental company. LaPlaca's work on rental agreements, as well as franchise agree- ments, is woven through- out each of the companies he worked for.
"Rental transactions are
controlled by the rental agreement and Mi- chael protected his clients when those rental agreements were executed," says Sean Harri- gan of PDP, an insurance provider specializ- ing in dealer loaner programs.
"I think just about everyone's rental agree- ment has some if not all of the language that he draſt ed," says Rick Stevens, presi- dent of Payless. T e rental agreement is an ever- evolving document that needs to coincide with insurance law and other regulations in 50 states, tak- ing into account a myriad of is- sues such as prohibitions of use and authorized drivers. "Each state handles CDW a little dif- ferently," says Duane Heiman of Zurich, noting that if the con-
tract didn't have a certain size type or didn't contain specifi c language, the rental agency couldn't transfer coverage to the renter's in- surance carrier.
"He was always following the changes in the laws in the insurance and rental industries and bringing it all together to stay ahead of the curve," Harrigan says.
His contract language was written to be spe-
cifi cally understandable by the lay person — he hated legalese — and at the same time precise to the meaning. "He wrote a damn good rent- al agreement," says Noah Lehmann-Haupt of Gotham Dream Cars. "It was well designed. His work will outlive him in that sense."
The Bibles
LaPlaca Law's publications stand as anoth- er important legacy, and form the backbone
MARCH / APRIL 2012 • ARN 15