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ALLSTATE INS. CO. v. AVIS RENT-A-CAR

No. 96SC659.

947 P.2d 341 (1997)

ALLSTATE INSURANCE COMPANY, an insurance corporation, Petitioner, v. AVIS RENT-A-CAR SYSTEM, INC., a/k/a AVIS, Inc., a corporation, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 2, 1997.

Attorney(s) appearing for the Case

Walberg & Dagner, P.C., Deana R. Dagner, Matthew A. Holmes, Englewood, for Petitioner.

Nathan, Bremer, Dumm, & Myers, P.C., Ellis J. Mayer, Denver, for Respondent.

Kennedy & Christopher, P.C., John R. Mann, Denver, for Amicus Curiae Budget Rent-A-Car, Inc.

Justice HOBBS delivered the Opinion of the Court.

We granted certiorari to review the court of appeals' decision in Avis Rent-A-Car System, Inc. v. Allstate Insurance Company, 937 P.2d 802 (Colo.App.1996). Allstate Insurance Company (Allstate) requests us to void the excess clause in the Avis Rent-A-Car System, Inc., (Avis) rental agreement and enforce the excess clause in the Allstate...

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