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NEW HAMPSHIRE INDEM v. BUDGET RENT-A-CAR

No. 19543-1-III.

35 P.3d 1180 (2001)

109 Wash.App. 394

NEW HAMPSHIRE INDEMNITY CO., INC., Respondent, v. BUDGET RENT-A-CAR SYSTEMS, INC., A Corporation, Appellant, Thomas O. Bentley, and Patricia S. Reilly, Individually, and as Guardian for Sara L. Reilly, and John P. Reilly Individually, Defendants.

Court of Appeals of Washington, Division 3, Panel One.

Reconsideration Denied January 16, 2002.

Attorney(s) appearing for the Case

K.C. Webster, Phillips, Webster, P.L.L.C., Woodinville, for Appellant.

Meriwether D. Williams, Patrick J. Cronin, Winston & Cashatt, Spokane, for Respondent.

KATO, J.

Budget Rent-A-Car Systems, Inc., (Budget) rented a car to Thomas Bentley, who declined optional liability insurance because his policy with New Hampshire Indemnity Co. (New Hampshire) provided coverage for non-owned vehicles. Mr. Bentley was involved in a car accident. Claiming it was not primarily liable for the damages, New Hampshire brought a declaratory judgment action against Budget, Mr. Bentley, and the injured parties. The court granted summary judgment...

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