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SENTRY SELECT INS. CO. v. FIDELITY & GUARANTY INS. CO.

No. S145087.

46 Cal.4th 204 (2009)

___ Cal.Rptr.3d ___

___ P.3d ___

SENTRY SELECT INSURANCE COMPANY, Plaintiff and Petitioner, v. FIDELITY & GUARANTY INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California.

May 4, 2009.

Attorney(s) appearing for the Case

Higgs, Fletcher & Mack, John M. Morris; Schindel, Farman, Lipsius, Gardner & Rabinovich and Laurence J. Rabinovich for Plaintiff and Petitioner.

Harrington, Foxx, Dubrow & Canter, Mark W. Flory and Michael C. Denlinger for Defendant and Respondent.

OPINION

BAXTER, J.—

Pursuant to rule 8.548 of the California Rules of Court, we granted the request of the United States Court of Appeals for the Ninth Circuit to address the following question: What is the appropriate test for determining whether an insured is "engaged in the business of renting or leasing motor vehicles without operators" under Insurance Code, section 11580.9, subdivision (b)?1

Under...

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