Legal Opinion
Travelers Insurance Company Fearless, Inc. T/a Mama's Fish House Brent Jones v. Budget Rent-A-Car Systems, Inc.
Court of Appeals for the Ninth Circuit
Decided April 18, 1990No. 88-15400PublishedCited by 16 opinions
1Opinion of the Court
*766KOZINSKI, Circuit Judge:
Once again, we consider whether a contract is an instrument by which parties can define their rights and responsibilities by mutual agreement, or a platform for judicial policymaking. We address this question in a diversity case involving a rental car agreement that excludes insurance coverage for unauthorized drivers, where the unauthorized driver in question was a parking valet.
Facts
The facts are not in dispute. In October 1985, while vacationing on the island of Maui in Hawaii, Albert Mellon rented a car from Budget Rent-A-Car. The rental agreement stated that…
2Cases cited18 opinions
- Singleton v. WulffSupreme Court of the United States · 1976
- State Farm Fire and Casualty Company v. Steven M. Martin Peggy D. MartinCourt of Appeals for the Ninth Circuit · 1989
- Hanagami v. China Airlines, Ltd.Hawaii Supreme Court · 1984
- Roth v. Old Republic Insurance CompanySupreme Court of Florida · 1972
- Milbank Mutual Insurance Co. v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1983
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Kham & Nate's Shoes No. 2, Inc., Debtor-Appellee v. First Bank of WhitingCourt of Appeals for the First Circuit · 1990
- Mid-America Real Estate Company D/B/A Coldwell Banker Mid-America Group, Realtors v. Iowa Realty Company, Inc. First Realty, Ltd.Court of Appeals for the First Circuit · 2005
- Pacific International Services Corp v. HuripHawaii Supreme Court · 1994
- Wilson Arlington Company Selden Ring Irving Axelrad v. Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1990
- Farm Credit Services of America v. DouganSouth Dakota Supreme Court · 2005
11 more not listed; retrieve them via the Exa API.