DAVIS v. M.L.G. CORP.

No. 83SC219.

712 P.2d 985 (1986)

Gary James DAVIS, Petitioner, v. M.L.G. CORPORATION, d/b/a American International Rent-A-Car, Respondent.

Supreme Court of Colorado, En Banc.

January 21, 1986.


Attorney(s) appearing for the Case

DeMoulin, Anderson, Campbell & Laugesen, P.C., Laird Campbell and Thomas M. Schrant, Denver, for petitioner.

Rothgerber, Appel, Powers & Johnson, James R. Everson and Frederick J. Baumann, and Holland & Hart, William C. McClearn and John S. Castellano, Denver, for respondent.

Burns & Figa, P.C., Hugh A. Burns and Phillip S. Figa, Denver, for amicus curiae American Rental Ass'n.

Keller, Dunievitz, Johnson & Wahlberg, Stephen W. Wahlberg, Denver, for amicus curiae Truck Renting and Leasing Ass'n.


NEIGHBORS, Justice.

We granted certiorari in M.L.G. Corp. v. Davis, 672 P.2d 1019 (Colo.App.1983), to review the court of appeals' decision that a "physical damage waiver" in a car rental agreement was not an insurance contract, and that the waiver provision was voided when the customer violated a provision in the contract prohibiting driving while intoxicated. We announced our original...

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