Country Mutual Insurance Co. v. Hertz Corp.

Opinion by

Judge DAVIDSON.

In this action for subrogation under an automobile insurance policy, defendant, The Hertz Corporation (Hertz), appeals from the trial court’s judgment determining that Hertz was 'liable for a pro rata share of the expenses incurred by plaintiff, Country Mutual Insurance Company (Country), in defending and settling a suit against a driver who leased a car from Hertz and who was insured by Country. We affirm on different grounds.

When the driver leased a car from Hertz, she declined to purchase a liability insurance supplement (LIS) which would have designated Hertz as…