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Rental Car Company’s Liability Insurance Primary or Excess ...

Work Product of Matthiesen, Wickert & Lehrer, Last Updated: 4/4/2022 MATTHIESEN, WICKERT & LEHRER, Hartford, WI New Orleans, LA Orange County, CA Austin, TX Jacksonville, FL Boston, MA Phone: (800) 637-9176 Rental CAR COMPANYS Liability Insurance Primary OR Excess IN ALL 50 STATES Claims and subrogation professionals must be familiar with the law in a particular state which affects whether a Rental car company s Liability policy or the renter s personal auto Liability policy will be Primary when the renter causes an accident resulting in personal injury or property damage. This area of the law creates a great deal of confusion because many consumers are unsure what is covered by their own personal policy when they rent a car and are asked if they want to buy Insurance or the collision damage waiver. Four Types of Insurance Offered by Car Rental Companies Collision Damage Waiver (CDW). This isn t Insurance .

Overland’s liability carrier paid damages to laymore and sought to recover those damages from its renter, rown, and 21st Century. Overland brought a Motion for Summary Judgment arguing that the Graves Amendment preempted South Dakota’s Supreme ourt decision in Auto-Owners Ins. Co. v. Enterprise Rent-A-Car Co., 663 N.W.2d 208 (S.D. 2003), which

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