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Passamano v. Travelers Indemnity Co.12/19/1991
In this action for declaratory relief and damages, plaintiff, Antonio Passamano, appeals from the summary judgment entered for defendants, North-West Leasing Corporation, National Car Rental System, Incorporated, and Travelers Indemnity Company. We affirm.
Plaintiff, visiting in Colorado, rented an automobile in Vail from North-West Car Rental, a licensee of National. He executed a standard form Rental Agreement wherein he accepted Collision Damage Waiver and declined Personal Accident Insurance. As required by ยง 10-4-705(1), C.R.S. (1987 Repl. Vol. 4A), automobile liability and no fault coverage were provided for him via a policy issued by Travelers to North-West.
Uninsured motorist coverage was neither discussed nor offered during the rental transaction. However, the Rental Agreement recited that uninsured motorist coverage is not provided "unless [it is] required to be provided by applicable law and cannot be rejected."
The next day, while driving his rental car, plaintiff was involved in an automobile accident caused by an uninsured motorist. He and his passenger sustained serious injuries.
Section 10-4-609(1), C.R.S. (1987 Repl. Vol. 4A) provides that uninsured motorist coverage must be offered in any automobile or motor vehicle liability policy, "except that the named insured may reject such coverage in writing." (emphasis added) North-West maintained an ongoing insurance policy with Travelers which provided automobile liability and no fault coverage for the renters of North-West's vehicles. However, North-West, as the designated "named insured" of this policy, had exercised its option in writing to reject the uninsured motorist coverage which Travelers had offered.
Plaintiff submitted claims for his injuries pursuant to this insurance policy between North-West and Travelers. Travelers paid him personal injury protection benefits, but denied his claim for uninsured motorist benefits, citing North-West's previous rejection of that coverage.
Plaintiff filed an action for declaratory relief and damages against Travelers, National, and North-West, contending that the liability insurance and no fault provisions in the Rental Agreement rendered the Agreement a contract of insurance between him and North-West. He argued that he was, in reality, the "named insured" under this policy for purposes of accepting or rejecting uninsured motorist coverage. Since he had not rejected uninsured motorist coverage, he asserted that he was entitled to damages.
Alternatively, he contended that North-West's waiver of uninsured motorist coverage on behalf of its customers was contrary to public policy and the legislative intent of the uninsured motorist statutes and was unconscionable.
Finally, he asserted that the Rental Agreement unconscionably failed to disclose that uninsured motorist coverage had been rejected and was unavailable.
The trial court granted defendants' motions for summary judgment, finding that no uninsured motorist coverage existed or was required to be provided by the terms of the rental agreement.
I.
Plaintiff first contends that the automobile Rental Agreement constituted a contract of insurance by virtue of which he was the named insured and that the trial court erred in ruling to the contrary. In our view, the trial court did not err.
An insurance policy is a contract which should be interpreted consistent with well-settled principles of contractual interpretation. Cachon v. American Family Mutual Insurance Co., 788 P.2d 748 (Colo. 1990). Thus, the rights of the parties to an insur
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