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· 5/15/1995

Hertz Corp. v. Smith

Citations

  • 657 A.2d 1316
  • 441 Pa. Super. 575
  • 1995 Pa. Super. LEXIS 1043

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that personal automobile insurer did not provide coverage for damage to car rented by insured because of care, custody and control exclusion
  • holding car lessee specifically contracted with car lessor for liability for any and all loss or damage to rental car, thus barring recovery from insurer under exclusion for liability assumed by contract
  • underlying action for breach of contract relating to payment for rental car property damage did not involve tort liability, and therefore was not covered under policy
  • “[W]hile reasonable expectations of the insured are the focal points in interpreting the contract language of insurance policies, ... an insured may not complain that his or her reasonable expectations were frustrated by policy limitations which are clear and unambiguous.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cirillo, Johnson, Saylor

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.