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Passamano v. Travelers Indemnity Co.12/19/1991
ured in the North-West/Travelers insurance policy. Rather, plaintiff implicitly seeks an interpretation of the statute which would mean that, if the named insured of a liability policy is an automobile rental agency, the agency must always accept uninsured motorist coverage for the benefit of its renters. Such a reading of the statute is contrary to its specific terms.
The trial court correctly relied on White v. Regional Transportation District, 735 P.2d 218 (Colo. App. 1987) (self-insurers need not provide uninsured motorist coverage in the absence of a legislative declaration) in its refusal to judicially legislate this interpretation. We reach the same conclusion. The issue is best left to the General Assembly for its consideration.
In summary, we hold that the automobile rental agreement here is not an insurance contract. By definition, then, plaintiff is not a "named insured" thereunder. Additionally, the leasing contract is neither unclear, ambiguous, nor unconscionable, and it does not violate the public policy of this state.
Accordingly, the summary judgment is affirmed.
JUDGE CRISWELL and JUDGE NEY concur.
Disposition
JUDGMENT AFFIRMED
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