Lauvetz v. Alaska Sales and Service

OPINION

BURKE, Justice.

This matter is before the court on petition for review. By previous order, we agreed to examine the superior court’s grant of partial summary judgment against the operator of a rental vehicle in an action against the operator for collision damage to the vehicle. The issue that we address is whether the operator is entitled to the coverage afforded by a collision damage waiver found in the vehicle rental agreement if the operator is intoxicated while operating the vehicle.

I

Vacationers John Osborne and Thomas Lauvetz arrived in Alaska on August 26, 1988. Before leaving…