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69See Allstate Ins. Co. v. Alamo Rent A Car, 137 F.3d 634 (9th Cir. 1997).

So 7o692. 2d 142 (Fla. 1997). "" As the court:

Did the legislature intend to allow vehicle owners to the duty to defend to the tenant of the insurer in cases where the insurer of the lessee has the duty to their policyholders and their insured with the landlord, the primary insurance to the extent the limits of the lessee's policy?

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2 "We note that the duty to defend is a responsibility, and separate from the obligation to provide primary insurance. "" ID. at 143rd

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73The current statute reads as follows: "The valid and collectible insurance or personal injury insurance coverage for the lessor of a motor vehicle for hire or lease is primary, unless otherwise indicated in bold on the front of the rental or lease. Such insurance shall be primary for the limits of liability and personal injury coverage as in the [statute] "" FLA. STAT. Ann. 627.7263 (West 1985). "" First and foremost, the court was not prepared, even the duty to defend the scope of the statute, because (1) The legislature does not intend, and (2) It is against public policy because it would be insurance premiums. Allstate, 692 So. 2D-143. 75504 N.E.2d 256 (Ill. App. Ct. 1987).

76The provisions in question read: "Insurance coverage for TEMPORARY SUBSTITUTE AUTOMOBILE provided by the customer's existing insurance periods. If the customer is the insurance for any reason fails afford COVERAGE, Customer is solely responsible." ID. At 256th

"" The other insurance clause reads: "this rule does not apply: A. if the vehicle is owned by a person or organization in a car AND BUSINESS instance, if the insured or the owner has other LIABILITY COVERAGE IS COMPLETELY PRIMARY or partially, excess or contingent coverage. "" ID. on 258th 781d. at 260th

791d. at 262nd It must be noted that the court, the fact that the convincing rental car company had renters insurance company to find out whether they cover is available, of which the insurer, he replied. slipped.

"" 1174 N.W.2d 740 (Wis. 1970). sld. at 744

83Jd. See Boatwright v. Spiewak, 570 S, D 897 (Wis. Ct. App. 1997). "953 P.2d 1074 (Nev. 1998).

wid. 51 3

86Id. in 1077th It must be noted that the court has to rely heavily on the fact that the secondary liability provision was a specific who would be the primary responsibility. Thus, the Court stated, "" Where a policy explicitly defines its liability, and the other not, the policy with the specific language controls. "" ID. in 1076th 87637 N.E.2d 253 (N.Y. 1994).

SSA the facts to describe, the tenants had allowed her husband, not as a driver on the rental contract for the operation of the vehicle when the accident occurred, for their injuries.

siN.Y. Ins. LAW 3420 (1998). 9Morris, 637 N.E.2d at 255th

91 The attempt to completely reject the liability of secion 388 would contraty to public policy. "" ID. at 254th