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ALLSTATE INS. CO. v. ALAMO RENT-A-CAR, INC.

Nos. 96-15506, 96-15655.

137 F.3d 634 (1998)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellant, v. ALAMO RENT-A-CAR, INC., Defendant-Appellee. Michael E. KANESHIRO; Hawaiian Insurance and Guaranty Company, Ltd., Plaintiffs-Appellants, v. ALAMO RENT-A-CAR, INC.; Continental Insurance Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 16, 1997.

Resubmitted January 21, 1998.

Decided February 24, 1998.

ORDER

The primary issue involved in these diversity cases is the validity of Alamo Rent-A-Car's "Shifting Clause," which shifts primary responsibility for liability insurance coverage from itself, and its insurer, to the automobile renter, and his or her insurer. Because this is an unresolved question of state law, we certify it to the Hawaii Supreme Court for its consideration.

BACKGROUND

No. 96-15506

Keith R. Douglas rented a...

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