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Fogel v. Enterprise Leasing Co. of Chicago9/30/2004
UNPUBLISHED
The plaintiffs, Donald Fogel and James Burke brought a declaratory judgment action against defendants Allstate Indemnity Company (Allstate), Enterprise Leasing Company of Chicago (Enterprise) and Mehul Thakkar, seeking a declaration that Allstate and Enterprise owed a duty to defend and indemnify Thakkar in the underlying personal injury lawsuit. The trial court granted summary judgment in favor of Enterprise, finding that Thakkar procured the automobile rental agreement with Enterprise through fraud, and ordered the rescission of the agreement. Consequently, Enterprise had no duty to provide the supplemental liability coverage. The trial court further ruled that Enterprise was required to provide Fogel and Burke with statutory minimum financial responsibility (MFR) of $50,000. The trial court did not rule on the issues raised in Enterprise's counterclaim.
The underlying lawsuit was voluntarily dismissed by the plaintiffs, and Fogel, Burke, Thakkar and Allstate agreed to arbitration. The arbitrators entered an award in favor of Fogel and Burke. The trial court confirmed the arbitration award and entered judgment on the award against Thakkar.
These appeals follow.
BACKGROUND
On November 14, 1997, Thakkar was involved in an accident with a vehicle driven by Michael DeLuca in which Fogel and Burke were passengers. Thakkar was insured under an Allstate policy and DeLuca was insured under a United Services Automobile Association (USAA) policy. Thakkar was driving a vehicle that he had rented from Enterprise. As part of the rental agreement, Thakkar purchased supplemental liability coverage in the amount of $1 million.
When Thakkar rented the vehicle from Enterprise, he presented a fictitious California driver's license that showed his age to be 22 years. Thakkar was actually 18 years old on November 14, 1997. At the time, Enterprise had a policy that prohibited its agents from renting to retail customers under the age of 21. Thakkar had rented a car from Enterprise at its Hoffman Estates, Illinois , location on November 3, 1997. At that time, Thakkar presented the California driver's license which showed his picture and the name "Mehul Thak." The November 3, 1997, rental agreement indicates the name "Mehul Thak" with an address in Los Angeles, Illinois. The Enterprise agent stated that, by habit, she mistakenly listed the state of residence as Illinois. On November 12, 1997, Thakkar returned the vehicle to the Hoffman Estates location.
Later on November 12, 1997, Thakkar went to the Enterprise facility in Schaumburg, Illinois , and entered into a second rental agreement. The Enterprise agent at the Schaumburg facility stated that Thakkar presented a California driver's license and a credit card. The agent stated that the information from the prior rental was pulled up by entering the driver's license number and state into the computer. The rental agreement dated November 12, 1997, shows the name "Mehul Thak" with an address in Los Angeles, Illinois. The agreement indicates an age of 22. As part of the rental agreement, Thakkar also purchased $1 million of supplemental liability protection (SLP).
Thakkar has given conflicting testimony regarding the driver's license he used to rent the vehicles. In depositions, affidavits, and other discovery documents, Thakkar stated he presented an Illinois driver's license to Enterprise on November 3,1997, which showed his age to be 18 at the time of both rentals. Thakkar denied that he represented himself to reside in California, to have represented his name to be Mehul Thak or to have presented a fictitious driver's license in order to rent a car from Enterprise. Tha
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