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In Champlain Casualty Co. v. Agency Rent-A-Car, Inc., 109the Court of Vermont, in a case of first impression, found enforceable in an automobile lease with the tenant to ensure that such insurance Insurance companies are the main duties. That was so even despite the fact that the status-insurers have other insurance collectible products under the terms of the "other insurance" clause. "The court expressly stated that the lease agreement, which specifically obliges the tenant his own insurance, the obligations between the parties and the renter's personal liability insurance as primary.

14. Utah

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The State of Utah has just recently passed a law that specifically facilitates the secondary liability of car owners .. 110 The statute provides that a landlord provide insurance to its primary tenant, unless there are other valid and collectible products for renters insurance or operator of the vehicle. ""

B. non-Secondary Liability States

In direct opposition to the states in the first category, the second consisting of Arizona, Michigan and Minnesota, in one way or another, all prohibit the use of secondary liability, whose aim is to thwart the expansion of insurance to the tenant.

1. Arizona

Statute Order, Arizona clearly requires that an owner of a motor vehicle insurance for the initial treatment to permissive users "." 2 dealing with the predecessor Act, the court in State Farm Mutual Auto v. Agency Rent A Car, Inc. "" 3 decided that car hire, as owners of motor vehicles, clearly fell within the statute so that they extend primary cover for all their tenants and operators.

With this provision, the Court analyzed the language of the statute, they "require [D] that persons who are in the business of renting vehicles for other must cover for the liability of the tenant-driver. "" 4 The purpose of the Act, the court noted, was "to protect the public from economic hardship, resulting from injuries, death or property damage caused by people driving rented vehicles, which may not have the financial assets to compensate for such damage "." 5

2. Michigan

Similar to legislation in Arizona, the State of Michigan, that car rental car companies expand insurance coverage for their tenants and operators. Illustrative list of this point, the court in State Farm Mutual Auto Insurance Co. v. Enterprise Leasing Co. "" 6, that a secondary liability provision in a lease agreement violated "Michigan no fault state" "8, insofar as it purports to Liability protection of tenants with personal insurance policies.119

3. Minnesota

Like the Michigan court of involvement in the State Farm case in Hertz Corp. v. State Farm Mutual Insurance Co., 120There the Supreme Court of Minnesota that the secondary liability provision contained in a Hertz rental agreement was not enforceable under Minnesota no fault - Statute, as they claimed to be contingent insurance while the statute instructs car rental insurance coverage extended to its operators and