Monday Rev. Stat 303.025.1 (1991).
18See Irvin v. Rhodes, 929 SW2d 829 (Mo. Ct. App. 1996), State Farm Mut. Car. Ins. Co. v. Enterprise Leasing Co., 549 NW2d 345 (Mich. 1996).
'91d., See also Hertz Corp. v. State Farm Mut. Car. Ins. Co., 573 N.W.2d 686 (Minn. 1998).
2 "" An example of an "other insurance" clause is as follows: If there is other liability insurance, we pay only our share of the loss. Our share is the proportion that our limit of liability bears to the sum of all applicable limits. However, any insurance we provide for you do not own a vehicle is about more than any other class of insurance products.
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1 Susan J. Miller & Philip Lefebvre, MILLER'S STANDARD INSURANCE POLICIES commented, shape BPfA 3 (1988). For a detailed discussion on the impact of "other insurance" clauses in the insurance industry, see Mark C. Guthrie "," Other insurance "Conflicts: A Common-Sense Proposal, 36 Baylor L. REV. 689 (1984).
22 "" The Enterprise Rent A Car Corp. v. Workman's Auto Ins. Co., 68 Cal. Rptr.2d 725 (Ct. App. 1997).
22See, eg mercury CAS. Co. v. Hertz, 69 Cal. Rptr.2d 9 (Ct. App. 1997); Enterprise Renta-Car Co. v. Workman's Auto Ins. Co., 68 Cal. Rptr.2d 725 (Ct. App. 1997); Irvin v. Rhodes, 929 SW2d 829 (Mo. Ct. App. 1996), Budget Rent-A-Car in St. Louis V. Guarantee Nat'l Ins. Co., 939 S.W.2d 412 (Mo. Ct. App. 1997).
23See, eg, State Farm Mut. Car v. Agency Rent-A-Car, 677 P.2d 1309 (Ariz Ct. App. 1983), State Farm Auto Ins. V. Enterprise Leasing Co., 549 NW2d 345 (Mich. 1996); Hertz Corp. v. State Farm Mut. Car. Ins. Co., 573 N.W.2d 686 (min. 1998).
2 "" On the first page of the lease, under the heading "customer privacy protection requirements, the following information appears:" If you do not purchase the optional liability insurance supplement (LIS) at the beginning of the lease - no liability protection is provided by HERTZ. Therefore, it is your responsibility and the responsibility of an authorized operator, the primary insurance coverage for liability arising from the use or possession of the car. "(bold and capital letters in original.) Paragraph 10 of the tenancy agreement, where: LIABILITY PROTECTION
(a), if you do not risk insurance PURCHASE TERMS SUPPLEMENT (LIS) (a summary of the LIS coverage is on the back) at the beginning of the RENTAL no liability protection is provided by HERTZ WITH THIS AGREEMENT. It is therefore your responsibility and the responsibility of the authorized operator of the PRIMARY insurance coverage for LIABILITY FROM THE USE OR POSSESSION OF THE CAR AND YOU AND ANY AUTHORIZED DRIVER affirmatively agrees to provide such protection programs ..
(b) You and all Authorized Operators will indemnify and hold Hertz, its agents and employees harmless from and against all losses, liability and costs about the extent of protection to the top, arising from the use or possession of the car from you or operate with or without you or an authorized operator permit. Id at 10th 26Id. at 11th
Wednesday, July 29, 2009
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