HART v. AMERICAN CAR RENTAL, INC., No. CV01 38 41 29 S (Apr. 4, 2003)

2003 Ct. Sup. 5201
No. CV01 38 41 29 SConnecticut Superior Court, Judicial District of Fairfield at Bridgeport
April 4, 2003

MEMORANDUM OF DECISION RE MOTION FOR SUMMARY JUDGMENT (#107)
RUSH, JUDGE.

The plaintiff instituted the present action seeking monetary damages for personal injuries claimed to have been sustained as a result of a motor vehicle accident occurring in Bridgeport, Connecticut. One of the defendants is American Car Rental, Inc. (American), who the plaintiff claims is liable under the provisions of General Statutes § 14-154
(a) which imposes liability on any person leasing a motor vehicle to the same extent that the operator would be liable.

The motor vehicle was leased by the defendant American to Frederick S. Randall (Randall) who, it is alleged, allowed his stepdaughter to drive the vehicle. American has filed a motion for summary judgment[1]
asserting that the stepdaughter was not an authorized driver and therefore it cannot be held liable under Pedevillano v. Bryon, 231 Conn. 265 (1994). The plaintiff admits that the stepdaughter was not an authorized driver of the vehicle but asserts that the motor vehicle did not have mandatory minimum insurance as required by General Statutes § 14-213b and 38a-371 et seq. The plaintiff therefore asserts tha Pedevillano is not applicable.

Section 5 of the rental agreement provides that American will provide liability coverage for persons using the vehicle with the permission of American. Thus, mandatory minimum insurance coverage is provided for Randall and others operating the vehicle with the permission of American but not for unauthorized drivers.

The defendant American is not obligated to provide insurance coverage for persons not authorized to drive the vehicle. Accordingly, the motion for summary judgment is hereby granted.

RUSH, J.

CT Page 5202