Sanders v. Empire Fire and Marine Ins. Co.

Empire Fire and Marine Insurance Company ("Empire") and Town and Country Autos ("Town Country") petition for a writ of mandamus directing Judge Harold Crow, of the Circuit Court of Clarke County, to grant their motion for a summary judgment in an action filed against them by Lorenzo Sanders. For the reasons discussed below, we deny the petition.

In November 1992, Sanders entered into an automobile rental contract with Town Country. As a part of that contract, Sanders purchased a "vehicle damage waiver" option, whereby, for a fee, Town Country waived its right to hold Sanders liable for any…