Budget Rent-A-Car Systems, Inc. v. Shelby Insurance Group

Budget Rent-A-Car Systems, Inc. and Robert C. Smith appeal from the circuit court's grant of summary judgment in favor of The Shelby Insurance Group. There are two issues on appeal: (1) whether an insurance policy issued by Shelby to Smith provides coverage for damages incurred by a third party, Jeffrey L. Miller, in an automobile accident, and (2) whether Shelby has a duty to defend Smith under the terms of the policy. We conclude that Shelby is not liable under this policy and that Smith waived his right to raise the duty to defend issue. Accordingly, we affirm.

In April 1992, Smith began…