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Arredondo v. Avis Rent a Car System3/27/2001
clearer in that the said statute provides that in the case of owner policies, where relatives of the same residence are insured, they can be specifically excluded from coverage under certain circumstances. The statute pertaining to owner policies, subsection (A), makes a specific exception for coverage to such persons as provided in subsection (7). It states that "except as provided in Subsection 7, [an owner policy] insure any person included in Subsection (1)(a)(iii)." Subsection (7) reads:
(7) A policy of motor vehicle liability coverage under Subsection 31A-22-302(1) may specifically exclude from coverage a person who is a resident of the named insured's household, including a person who usually makes his home in the same household but temporarily lives elsewhere, if . . . .
It is significant that the subsection pertaining to an operator policy has no such exception. This obviously is so because by statute only the operator is insured under this subsection. In fact, the only qualification contained in the subsection covering operator policies is that the limits of liability will be the same as an owner policy specified in section 31A-22-304. (That section provides that insurance liability policies may not limit coverage below designated dollar amounts.)
Most important are those statutory sections that pertain directly to car rental companies. A car rental company is obligated to provide primary insurance coverage to a renter, and "renter" is defined as any person obtaining the use of an automobile under the terms of a rental agreement.
Specifically, section 31A-22-314(1) states:
A rental company shall provide its renters with primary coverage meeting the requirements of Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act, unless there is other valid or collectible insurance coverage. (Emphasis added.)
Section 31A-22-311, dealing with rental cars, defines "renters." It also defines "authorized drivers" and in doing so does not include permissive users or relatives of the same residence. That section states:
As used in Sections 31A-22-312[ ] and 31A-22-314[ ]:
(1) "Authorized driver" means the person to whom the vehicle is rented and includes:
(a) his spouse if a licensed driver satisfying the rental company's minimum age requirement;
(b) his employer or co-worker if engaged in business activity with the renter and if they are licensed drivers satisfying the rental company's minimum age requirement;
(c) any person who operates the vehicle during an emergency situation;
(d) any person who operates the vehicle while parking the vehicle at a commercial establishment; or
(e) any person expressly listed by the rental company on the rental agreement as an authorized driver.
Significantly, "authorized driver" of a rental car does not include relatives of the renter's household or persons who are permitted by the renter to drive the rented car.
It should also be noted that "authorized driver" is defined in the above statute as the person to whom the vehicle is rented and that "renter" is defined as that person obtaining the use of a private passenger motor vehicle from a rental company under the terms of a rental agreement.
Therefore, by statute, a rental company must provide primary liability insurance for the renter--that is, the person who rented the vehicle--and for his spouse, employer or co-worker, any person operating the vehicle in an emergency situation, any person parking the car in a commercial establishment, or any person expressly listed
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