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Ashe v. Enterprise Rent-A-Car12/17/2003
a condition precedent to the injured party's right to institute an action against the tortfeasor's liability insurer. Associated Hospital Service of Maine v. Maine Bonding & Casualty Co., 476 A.2d 189, 190 (Me. 1984).
Ashe contends that the reach and apply statute allows him to recover his damages from the Enterprise bond because he is, by virtue of section 2708-A, entitled to benefit from the mandatory coverage on the vehicle. Unless Ashe can obtain a judgment against Enterprise, however, he is not entitled to recover from Travelers through the reach and apply statute. Absent a finding that Enterprise is liable to Ashe, Travelers's contractual liability to Enterprise is not triggered by Ashe's claims.
Nor can Ashe recover his damages by a direct action against the bond. The bond states:
his bond is written to assure compliance by the principal as a rental car company with the laws of such State and the rules and regulations of the Commission relating to insurance or other security for the protection of the public, and shall inure to the benefit of any person or persons who shall recover a final judgment or judgments against the principal for any of the damages herein described.
Thus, by the bond's express terms, its proceeds are available only in the event of a judgment entered against Enterprise.
Because the mandatory coverage provision, former section 2708-A, does not create a right of action for a passenger against the rental car owner, and because such an action is otherwise not viable under the common law, no judgment can be entered for Ashe against Enterprise and no obligation on the part of Travelers is created under either the reach and apply statute or the bond.
The entry is: Judgment affirmed.
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