TRAVELERS INS. CO. v. BUDGET RENT-A-CAR SYSTEMS

No. 88-15400.

901 F.2d 765 (1990)

TRAVELERS INSURANCE COMPANY; Fearless, Inc.; T/A Mama's Fish House; Brent Jones, Plaintiffs-Appellants, v. BUDGET RENT-A-CAR SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 18, 1990.


Attorney(s) appearing for the Case

Randall Y.S. Chung and Kevin P.H. Sumida, Honolulu, Hawaii, for plaintiffs-appellants.

Steven K. Hisaka, Hisaka, Furusho, Ayabe & Goto, Honolulu, Hawaii, for defendant-appellee.

Before SNEED, KOZINSKI and THOMPSON, Circuit Judges.


KOZINSKI, Circuit Judge:

Once again, we consider whether a contract is an instrument by which parties can define their rights and responsibilities by mutual agreement, or a platform for judicial policymaking. We address this question in a diversity case involving a rental car agreement that excludes insurance coverage for unauthorized drivers, where the unauthorized driver in question was a parking valet.

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