The appellant insurer appealed a declaration that it was the first insurer to respond to tort claims arising from a single-vehicle accident involving a rented vehicle.
The renter, who was a passenger at the time, sued the rental company and the uninsured driver.
The Court of Appeal allowed the appeal, holding that the renter's standard automobile policy was not 'available' to respond to claims against the owner and driver of the rented vehicle, as the policy only provided coverage for liability asserted against the renter.
