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MERCURY CASUALTY CO. v. HERTZ CORP.

Docket No. B102978.

59 Cal.App.4th 414 (1997)

MERCURY CASUALTY COMPANY, Plaintiff and Appellant, v. HERTZ CORPORATION, Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

October 31, 1997.

Attorney(s) appearing for the Case

COUNSEL

Silva, Clasen & Raffalow, Michael J. Convey and Randall Adams for Plaintiff and Appellant.

Alister McAlister, Spray, Gould & Bowers, Robert D. Brugge and Richard C. Turner as Amici Curiae on behalf of Plaintiff and Appellant.

Liebman & Reiner and Joseph R. Zamora for Defendant and Respondent.

Latham & Watkins, G. Andrew Lundberg, Lee D. Hwang, Hardin, Cook, Loper, Engel & Bergez, Chris P. Lavdiotis, Marshall A. Johnson, Garfield, Tepper, Epstein & Turner, David B. Epstein and Michael R. Weiss as Amici Curiae on behalf of Defendant and Respondent.

OPINION

MASTERSON, J.

Mercury Casualty Company issued an automobile liability policy to Rita Gutierrez. The policy covered Gutierrez's use of rental cars. Gutierrez rented an automobile from The Hertz Corporation. Hertz was self-insured as the owner of the car. Gutierrez was involved in an accident with a third party, who filed suit against her and Hertz.

Gutierrez tendered the defense of the action to Mercury. Mercury, in...

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