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1Enterprise Rent-A-Car Co., 68 Cal. Rptr.2d at 729 .. 4929 SW2d 829 (Mo. Ct App. 1996)." "ID. At the 830th" "ID.

45The secondary liability provision in question reads as follows: (a) LESSEE HEREBY agreements and warrants on the line that he is insured for bodily injury and property damage AUTOMOBILE LIABILITY (INCLUDING PERSONAL INJURY protection and uninsured motorist coverages, if required by law) and for the collision and COMPREHENSIVE coverages for TEMPORARY SUBSTITUTE VEHICLES OR OTHER DRIVE-CAR-ons. The tenant acknowledges that this budget, based on the above-mentioned tenant covenant and warranty is not that any kind of automobile bodily injury or property damage liability insurance coverage (including Personal Injury Protection or uninsured motorist coverage) or a collision or comprehensive Insurance on Temporary Substitute vehicle either for the benefit of the tenant or another person. (b) ..

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(c) Notwithstanding contained herein, if any of the conditions, limitations or restrictions of this Agreement are in conflict with the laws of the State in which this Agreement is executed, then this Agreement will be amended in accordance with these laws. The limits of liability of each vehicle protection to the tenant Below is the right of every state in the minimum amount of that State, the financial responsibility laws, provided however that if there is other valid and collectible automobile liability protection or insurance, whether primary , excess or contingent, for the tenant or other person, and the boundaries of such protection or insufficient insurance to pay damages of up to a minimum of financial responsibility for the law, no errors or underinsured or uninsured motorist law, then no damage from the budget under its automobile liability protection.

Id at 830th

46State Farm claimed the reporting of it was based on the following language in its policy: "If a temporary replacement car, not in possession of the car or a trailer for use with a private car or utility vehicle, another vehicle liability coverage, then is on this system. "ID. on 831st

"The court observed:

State Farm, at the request based on the assertion that its policy and budget is more than primary-reporting in relation to the accident in question, because the budget, since the self-insured by the owner of the vehicle. . . [Tenants], was adopted by the Missouri motor vehicle financial responsibility law ( "MV FRL"), reporting to him and that the cover can not be waived by the lease. Id at 833rd

48 "The plain purpose of MVFRL is to ensure that people who are injured on highways, the damage awards, within limits, against negligent motor vehicle operators. "" ID. (Citation Haplin v. American Family Mut. Ins. Co., 823 SW2d 479, 482 (Mo. 1992) (en banc)). 49The court noted:

As already mentioned, the general purpose of the Act is to ensure that people who are injured on highways, the damage awards, within limits, against negligent motor vehicle operators. The escape clause in the lease budget should not be excluded from the scope of certain persons or certain situations, but the escape clause is a form of "other insurance" clause, "the primary responsibility shifts to another insurer or other party when the first - is available to cover the same loss. An escape clause does not limit or bar a victim of rest, but moves the primary liability for negligent or defend their insurers. Id at 832nd