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Legal Opinion

Auto Owners Insurance Co. v. Enterprise Rent-A-Car Co.-Midwest

South Dakota Supreme Court

Decided May 14, 2003No. NonePublishedCited by 6 opinions

1Opinion of the Court

GILBERTSON, Chief Justice.

[¶ 1.] Auto-Owners Insurance Company (Auto-Owners) is the insurer of the operator of a rental car that was involved in a collision. Auto-Owners brought a declaratory judgment action to determine whether it or Enterprise RenL-A-Car (Enterprise) had the duty to provide primary coverage on a vehicle that was operated by one of Enterprise’s customers. The circuit court determined Enterprise had the primary obligation to defend and indemnify. Enterprise appeals and we affirm.

FACTS AND PROCEDURE

[¶ 2.] Enterprise is an automobile rental company, which is licensed and…

2Cases cited8 opinions

  1. De Smet Insurance Co. of South Dakota v. GibsonSouth Dakota Supreme Court · 1996
  2. Modesta v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 1983
  3. Cimarron Insurance Co. v. CroyleSouth Dakota Supreme Court · 1992
  4. Auto-Owners Insurance Co. v. Hansen Housing, Inc.South Dakota Supreme Court · 2000
  5. Hertz Corp. v. State Farm Mutual Insurance Co.Supreme Court of Minnesota · 1998

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3Cited by6 opinions

  1. Fenske Media Corp. v. Banta Corp.South Dakota Supreme Court · 2004
  2. Robinson v. CoiaNew Jersey Superior Court Appellate Division · 2004
  3. Hill City Education Ass'n v. Hill City School District 51-2South Dakota Supreme Court · 2004
  4. Robinson v. CoiaNew Jersey Superior Court Appellate Division · 2004
  5. Subrogation Division, Inc. v. BrownDistrict Court, D. South Dakota · 2020

1 more not listed; retrieve them via the Exa API.

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