AMERICAN AUTOMOBILE INSURANCE COMPANY
v.
Eddie McDONALD.
Enterprise Leasing Company— South Central
v.
Eddie McDonald.
Supreme Court of Alabama.https://leagle.com/images/logo.png
June 22, 2001.
Rehearing Denied August 31, 2001.
Attorney(s) appearing for the Case
Helen Johnson Alford and Paul V. Lagarde of Carr, Alford, Clausen & Mc-Donald, L.L.C., Mobile, for appellant American Automobile Insurance Company.
Michael A. Kahn and James Goldberg of Folger, Levin & Kahn, L.L.P., San Francisco, California; and C. Lee Reeves of Sirote & Permutt, Birmingham, for appellant Enterprise Leasing Company—South Central, Inc.
Steven L. Nicholas and Michael A. Youngpeter of Olen, Nicholas & Copeland, P.C., Mobile, for appellee.
D. Frank Davis and Joseph W. Letzer of Burr & Forman, L.L.P., Birmingham, for amicus curiae National Car Rental Systems, Inc., in support of the appellants.
Fournier J. Gale III and Jarred O. Taylor II of Maynard, Cooper & Gale, P.C., Birmingham, for amicus curiae The Hertz Corporation, in support of the appellants.
Eddie Leitman and Lynn Stephens O'Neal of Leitman, Siegal & Payne, P.C., Birmingham, for amicus curiae Budget Rent A Car Systems, Inc., in support of the appellants.
Joseph D. Steadman of Sims, Graddick & Dodson, P.C., Mobile, and Warren C. Herlong, Jr., of Helmsing, Leach, Herlong, Newman & Rouse, P.C., Mobile, for amicus curiae Avis Rent A Car System, Inc., in support of the appellants.
John E. Goodman and Matthew H. Lembke of Bradley, Arant, Rose & White, L.L.P., Birmingham, for amicus curiae Dollar Rent A Car Systems, Inc., in support of the appellants.
Peter H. Burke and Joe R. Whatley, Jr., of Whatley Drake, L.L.C., Birmingham; Kenneth Ingram, Jr., of Kenneth Ingram, Jr. & Associates, P.C., Alexander City; and Larry Morris of Morris, Haynes & Hornsby, Alexander City, for amici curiae Shannon Leonard and Theresa Moore, in support of the appellee.
Supreme Court of Alabama.
STUART, Justice.
Eddie McDonald, purporting to represent a class of individuals who in the past six years had rented a vehicle from Enterprise Leasing Company—South Central d/b/a Enterprise Rent-A-Car—South Central ("Enterprise"), sued Enterprise and American Automobile Insurance Company ("AAIC"), stating claims based on theories of restitution and equitable rescission and seeking a declaratory judgment.
On October 7, 1999, when McDonald rented...
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