Public Employees Mutual Insurance v. Hertz Corp.
Court of Appeals of Washington
1Opinion of the CourtGrosse, J.
Public Employees Mutual Insurance Company (PEMCO) filed a declaratory judgment action against the Hertz Corporation (Hertz) contending that a Hertz Rental Agreement (Agreement) provided primary liability coverage and that the Agreement's prohibited use clause was unconscionable and violated public policy. On cross motions for summary judgment, the trial court granted PEMCO's motion. We reverse.
On October 21, 1988, Rodney Dillaman rented an automobile from Hertz. He signed a rental agreement that provided liability protection for accidents that occurred while using the car as permitted by the…
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