Sentry Select Insurance Company v. Fidelity & Guaranty, Fidelity and Guaranty Insurance Company
Opinion
Opinion
ORDER CERTIFYING A QUESTION TO THE SUPREME COURT OF CALIFORNIA
ORDER
The panel of the United States Court of Appeals for the Ninth Circuit hereby certifies to the Supreme Court of California that this case contains a question concerning the law of California that is determinative of the cause and on which there is no clear controlling precedent in California’s judicial decisions. The panel therefore respectfully requests that the Supreme Court of California answer the certified question below and provides the following statement of facts and explanation:
Question Certified
What is the appropriate test for determining whether an insured is “engaged in the business of renting or leasing motor vehicles without operators ” under California Insurance Code § 11580.9(b)? Compare Travelers Indem. Co. of Ill. v. Md. Cas. Co., 41 Cal.App.4th 1538, 1546-47 , 49 Cal.Rptr.2d 271 (1996), and McCall v. Great Am. Ins. Co., 119 Cal.App.3d 993, 998 , 174 Cal.Rptr. 399 (1981), with W. Carriers Ins. Exch. v. Pac. Ins. Co., 211 Cal. App.3d 112, 116-17 , 259 Cal.Rptr. 36 (1989), Mission Ins. Co. v. Hartford Accident & Indem. Co., 160 Cal.App.3d 97, 101 , 206 Cal.Rptr. 383 (1984), and Transp. Indem.…