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Budget Rent-A-Car Systems Inc. v. Coffin8/30/1996
ehicle]." See 12 G. Couch, Cyclopedia of Insurance Law § 45:350 at 692-93 (2d ed. 1981) [hereinafter, Couch] ("The permission required to bring an additional insured within the protection of an omnibus clause may, as a general proposition, be express or implied, and the omnibus clause may specifically provide, or be required by statute to provide, that the permission of the named insured may be express or implied.").
Couch notes that "express permission must be of an affirmative character, directly and distinctly stated, clear and outspoken, and not merely implied or left to inference." Couch, supra, § 45:351, at 694.
Id. at 244-45, 915 P.2d at 1345-46. As the circuit court's findings of fact in the present case indicate, "the Rental Contract signed by Coffin contains on the front page, the language 'driving on Saddle Road and Waipio Valley Access Roads is prohibited[,]'" and "the Contract signed by Ms. Coffin contains the following language[:] 'use restrictions: vehicle will not be used or operated by anyone: . . . Q. who drives on Route 200 (Saddle Road) Hawaii except for government renters with official duty orders.'" Coffin does not dispute these findings, the finding that she signed the rental contract, or the finding that the accident in question occurred on Saddle Road. Nor does she assert that she was not aware of the use limitation provision. By driving the rental vehicle on Saddle Road, Coffin was in breach of the use limitation provision and exceeded the scope of Budget's express permission to drive the rental vehicle accorded her. We therefore hold that, at the time of the accident, Coffin was not a permissive user of the rental vehicle and that Budget is not obligated, as a matter of law, to defend Coffin against any claim Roubique may bring, or to indemnify Coffin for any damages arising out of Roubique's claim.
IV. Conclusion
For the foregoing reasons, the judgment of the circuit court is vacated, and this case is remanded to the circuit court for the entry of an order awarding summary judgment in favor of Budget.
Disposition
Judgment Vacated, case remanded for entry of order awarding summary judgment in favor of Budget.
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