State Farm Mutual Automobile Insurance v. Hertz Claim Management Corp.

The plaintiffs insured was involved in a motor vehicle accident while driving a rental vehicle insured by the defendants, which resulted in a claim against the driver for injuries and property damage sustained by another driver. The plaintiff sought a declaratory judgment that the defendants’ coverage for liability stemming from the accident was primary while the plaintiffs was secondary. The trial court awarded a summary judgment in favor of the defendants. The plaintiff appeals, arguing that (1) a provision in the rental contract making the driver’s insurance primary was contrary to law and…