Insurer Pays in Florida Rental Car Crash

December 5, 2011 by

A rental car customer’s insurer must cover crash injuries, even though an unauthorized driver was behind the wheel. That’s what the Florida Supreme Court decided in a 5-2 opinion recently.

The majority ruled in the Gadsden County case that the rental car was covered by Katusha Shazier’s insurance policy because it was a “temporary substitute auto.”

The justices rejected Geico Indemnity Co.’s argument that it no longer fell into that category because Shazier had let someone else drive.

The opinion reversed a 1st District Court of Appeal ruling in Geico’s favor.

Justice R. Fred Lewis wrote that the appellate decision conflicted with prior Supreme Court rulings.

Chief Justice Charles Canady and Justice Ricky Polston dissented, saying they found no conflict with the earlier decisions.