Mercury Casualty Co. v. Hertz Corp.

Opinion

MASTERSON, J.

Mercury Casualty Company issued an automobile liability policy to Rita Gutierrez. The policy covered Gutierrez’s use of rental cars. Gutierrez rented an automobile from The Hertz Corporation. Hertz was self-insured as the owner of the car. Gutierrez was involved in an accident with a third party, who filed suit against her and Hertz.

Gutierrez tendered the defense of the action to Mercury. Mercury, in turn, tendered the defense to Hertz. Hertz declined to provide a defense for Gutierrez but did retain counsel to represent itself in the third party action. Mercury provided…