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Lauvetz v. Alaska Sales and Service D/B/A National Car Rental

Supreme Court of Alaska
828 P.2d 162 (Alaska 1991)


Facts

John Osborne (Osborne) (defendant) rented a car from Alaska Sales and Service D/B/A National Car Rental (National) (plaintiff). Thomas Lauvetz (Lauvetz) (defendant) was listed as an authorized user. Osborne purchased an optional collision damage waiver. The waiver cost $8.95 per day and the car rental fee was $70.00 per day. The rental agent did not explain the terms of the waiver. However, the terms and conditions were printed on the inside of a folder Osborne received. The terms were written plainly and said that the waiver did not cover damage caused by driving while impaired. The car was damaged as a result of Lauvetz driving while intoxicated. National sued Lauvetz and Osborne for damages and then moved for summary judgment as to the issue of whether the waiver’s exclusions were enforceable. The lower court granted the motion, and Lauvetz and Osborne appealed.

Rule of Law

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Issue

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Holding and Reasoning (Burke, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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