Ussa

United Services Automobile Ass'n v. Snappy Car Rental, Inc.

Good Law
74 Cal. App. 4th 461·87 Cal. Rptr. 2d 742
Court of Appeal of CaliforniaJuly 22, 1999D029541California771 words

Opinion

Opinion

O'Rourke, J.

United Services Automobile Association (USAA), Fred Azares and Gail Caldwell appeal summary judgments in favor of Snappy Car Rental, Inc. (Snappy) on USAA’s second amended complaint for declaratory relief, equitable subrogation and indemnity, and violations of Business and Professions Code section 17200 and on Snappy’s cross-complaint for indemnity, breach of contract and declaratory relief against Azares and Caldwell. The court rejected USAA’s contentions that: (1) Snappy’s rental vehicle registration card, together with its deposit of cash made with the California Department of Motor Vehicles (DMV) should be considered a “policy of automobile liability insurance” under Insurance Code section 11580.9, subdivision (h), and should be conclusively presumed to provide primary coverage under section 11580.9, subdivision (d); (2) that each car rental agreement signed by Azares and Caldwell along with Snappy’s deposit of cash constitutes a “policy of automobile liability insurance” under section 11580.9, subdivision (h); and (3.) Snappy was not entitled to indemnity from Azares and Caldwell for attorney fees and costs incurred in defending USAA’s claims for declaratory relief,…

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