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AUTO OWNERS INS. v. ENTERPRISE RENT A CAR

No. 22588.

663 N.W.2d 208 (2003)

2003 SD 52

AUTO OWNERS INSURANCE COMPANY, Plaintiff and Appellee, v. ENTERPRISE RENT-A-CAR COMPANY-MIDWEST, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 14, 2003.

Attorney(s) appearing for the Case

Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Robert C. Riter, Jr. of Riter, Mayer, Hofer, Wattier & Brown Pierre, South Dakota, Attorney for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Auto-Owners Insurance Company (Auto-Owners) is the insurer of the operator of a rental car that was involved in a collision. Auto-Owners brought a declaratory judgment action to determine whether it or Enterprise Rent-A-Car (Enterprise) had the duty to provide primary coverage on a vehicle that was operated by one of Enterprise's customers. The circuit court determined Enterprise had the primary obligation to defend and indemnify...

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