SOIT must be noted that the court expressly based on private contract principles in its decision. The Court's words," "Missouri courts recognize the freedom of contract in the Insurance .... neither the language of MVFRL nor the public policy behind bars contract terms that aim to primary liability under insurance contracts "," therefore, the court reasoned, the words of the Treaty. Id. at 833rd
5 "" To support the decision, the court cited to State Farm Mut. Car. Ins. Co. v. Western Cas. & Sur. Co., 477 S.W.2d 421, 427 (Mo. 1972) (en banc). In the Western Cas., Missouri Supreme Court determined the applicability of the two main insurers for the loss of that on the basis of the specificities of the other insurance clauses. Here he noted that the specific escape clause should prevail over the general escape clause. Western Cas., 477 S.W.2d on 427th
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52939 S.W.2d 412 (Mo. Ct. App. 1977). 531d. on 414th
41988 WL 83645 (Conn. 1998)
55At question Hertz secondary liability clause read: "By declining the optional liability insurance supplement (LIS), .... You agree that any kind of insurance, reporting to you or an authorized operator is primary." "ID . 56At issue at 1, the other insurance clause, that the cover under the policy would be more than any other class of insurance products. Id
"" 7See Agency Rent A Car v. ITT Hartford Acciden. By &. Co., 20 Conn. L. Rptr. 19 (2 / 2 / 98); Hertz v. Federal Republic Ins. Co., 713 A.2d 820 (Conn. 1997). 58Hertz Corp. v. Chubb Group, 2 591d.
* General Car & Truck Leasing Sys., Inc. v. Woodruff, 447 SE2d 97 (Ga. Ct. App. 1994), Jones v. Wortham, 411 SE2d 716 (Ga. Ct. App. 1991), See also, Ryan v. Boyd, 911 F. Supp. 524 (M. D. Ga. 1996).
6'411 S.E.2d 716 (Ga. Ct. App. 1991). 621d. on 718th
63909 F. Supp. 752 (D. Hawaii 1996). s "" Hawaii's No-Fault Act provides:
Each owner of a motor vehicle used or operated at any time on a public street, road or highway of this State a non-fault policy on such vehicle types, the reporting of this article, and not the errors of all time for the entire automotive approval.
HAW. REV. STAT. Ann. 431: LOC-104 (b) (1998). 6'Kaneshiro, 909 F. Supp. at 757-59.
66The secondary liability provision that: "If there is no other valid and collectible products insurance, whether primary, excess or contingent, which the renter or authorized driver while operating the car, then Alamo's vehicle liability policy is required to damage which is not to exceed the minimum limits, the state law. "" ID. on 754th 67In the court's view, a car lease that landlords, insurers would cover only if the tenant-driver had no insurance checks to determine whether the tenant's own driver car insurance or the leasing of the company's insurer was the primary insurer , political parties voluntarily executed rental agreements and was therefore valid contract establishing priority coverage. Id at 755th 68Dk. HG 95-00049, 2/20/96, Gilmore, J.
Wednesday, July 29, 2009
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