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NEW HAMPSHIRE INDEM. CO., INC. v. BUDGET RENT-A-CAR SYSTEMS, INC.

No. 72265-0.

64 P.3d 1239 (2003)

NEW HAMPSHIRE INDEMNITY CO., INC., a corporation, Respondent, v. BUDGET RENT-A-CAR SYSTEMS, INC., a corporation, Petitioner, Thomas O. Bentley and Patricia S. Reilly, individually, and as guardian for Sara L. Reilly and John P. Reilly, individually, Defendants.

Supreme Court of Washington, En Banc.

Decided March 13, 2003.

Attorney(s) appearing for the Case

K.C. Webster, Woodinville, for Petitioner.

Winston & Cashatt, Meriwether Williams, Patrick Cronin, Spokane, for Respondent.

Patrick Delfino, Spokane, for Defendant.

Janet Lim, Seattle, Amicus Curiae on Behalf of Wa. State Auto Dealers.

Lamont Loo, Carol Cooper, Tacoma, Amicus Curiae on Behalf of Wa. State Independent Auto Dealers.

Linda Clapham, June Campbell, Seattle, Amicus Curiae on Behalf of Truck & Car Renting & Leasing.

SANDERS, J.

We must settle a dispute between two insurers over which party is primarily responsible for insurance coverage in an accident involving a rental car insured by Budget Rent-A-Car Systems, Inc. (Budget) but driven by a driver with personal liability insurance through New Hampshire Indemnity Co. (New Hampshire). Specifically, the question is whether the insurer of a vehicle is always primary, or whether the terms of the insurance contracts themselves are...

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