Legal Opinion
Consolidated Enterprises, Inc. v. Schwindt
Court of Appeals of Arizona
Decided February 28, 1991No. 2 CA-CV 90-0244PublishedCited by 5 opinions
1Opinion of the Court
OPINION
LACAGNINA, Judge.
The question raised in this appeal is whether a self-insured car rental agency which pays damages suffered by third persons resulting from the negligent act of the driver of a rented motor vehicle, loses its right to recover damages from the renter for breach of the rental agreement. We believe the provisions of A.R.S. § 28-324(A) and (B) do not abolish the owner/rental agency’s right to sue its customer for breach of contract, and that the measure of damages may include money paid as damages to injured third parties.
FACTS
The following stipulated facts were presented…
2Cases cited5 opinions
- State Farm Mutual Automobile Insurance v. BogartArizona Supreme Court · 1986
- Isaak v. Massachusetts Indemnity Life InsuranceArizona Supreme Court · 1981
- STATE FARM MUT. AUTO. v. Agency Rent-A-Car, Inc.Court of Appeals of Arizona · 1983
- Orkin Exterminating Co., Inc. v. RoblesCourt of Appeals of Arizona · 1980
- State Farm Mutual Automobile Insurance v. Agency Rent-A-Car, Inc.Court of Appeals of Arizona · 1983
3Cited by5 opinions
- Consolidated Enterprises, Inc. v. SchwindtArizona Supreme Court · 1992
- American Family Mut. Ins. Co. v. Regent Ins. Co.Nebraska Supreme Court · 2014
- Korzun v. Chang-Keun YiWest Virginia Supreme Court · 2000
- American Family Mutual Insurance v. National Fire & Marine InsuranceCourt of Appeals for the Ninth Circuit · 2011
- Consolidated Enterprises, Inc. v. SchwindtArizona Supreme Court · 1992