PEMCO v. HERTZ CORPORATION

No. 25127-9-I.

59 Wn. App. 641 (1990)

800 P.2d 831

PUBLIC EMPLOYEES MUTUAL INSURANCE COMPANY, Respondent, v. THE HERTZ CORPORATION, Appellant.

The Court of Appeals of Washington, Division One.

November 26, 1990.


Attorney(s) appearing for the Case

Craig R. Watson, Deborah L. Carstens, Thomas R. Merrick, and Bullivant, Houser, Bailey, Pendergrass & Hoffman, for appellant.

Sidney R. Snyder, Jr., Ronald S. Dinning, and Merrick, Hofstedt & Lindsey, for respondent.


GROSSE, J.

Public Employees Mutual Insurance Company (PEMCO) filed a declaratory judgment action against the Hertz Corporation (Hertz) contending that a Hertz Rental Agreement (Agreement) provided primary liability coverage and that the Agreement's prohibited use clause was unconscionable and violated public policy. On cross motions for summary judgment, the trial court granted PEMCO's motion. We reverse.

On October 21, 1988, Rodney Dillaman rented an automobile...

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