Atlanta Rent-A-Car, Inc

O.C.G.A. § 40-9-102 — under Title 40.

O.C.G.A. § 40-9-102

v. Jackson, 204 Ga. App. 448, 419 S.E.2d 489, cert. denied, 204 Ga. App. 921, 419 S.E.2d 489 (1992). Primary coverage provided by rental company. — When a rental company incorporated the company’s own liability coverage as part of the company’s rental agreement and failed to determine whether the renter maintained the renter’s own liability coverage, the company’s coverage had priority over the renter’s policy. Ryan v. Boyd, 911 F. Supp. 524 (M.D. Ga. 1996). Renter’s insurance not primary in all instances. — O.C.G.A. § 40-9-102 does not mean that a renter and U-drive-it owner cannot, under any circumstances, contract between themselves for the owner’s insurance to be primary. General Car & Truck Leasing Sys. v. Woodruff, 214 Ga. App. 200, 447 S.E.2d 97 (1994). Lack of coverage by renter. — Car rental agency looses the statutory exemp- 577 tion provided by the statute when it is later determined that the renter did not have insurance coverage. A. Atlanta Autosave, Inc. v. Generali - U.S. Branch, 270 Ga. 757, 514 S.E.2d 651 (1999). Application to dealers who loan cars to customers. — Unambiguous provisions of a used vehicle dealer’s insurance policy provided that the dealer’s customer, who had borrowed a car while the customer’s car was repaired, was an in- 40-9-103 sured under the policy but was only insured up to the compulsory legal limits of O.C.G.A. § 33-7-11. Because the car was not rented, the provisions of O.C.G.A. § 40-9-102 did not apply. Grange Mut. Cas. Co. v. Fulcher, 306 Ga. App. 109, 701 S.E.2d 547 (2010). Cited in Wausau Ins. Cos. v. Lightnin’ Truck Rental, Inc., 194 Ga. App. 819, 392 S.E.2d 32 (1990).