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

John Osborne (defendant) rented a car from Alaska Sales and Service D/B/A National Car Rental (National) (plaintiff), with Thomas Lauvetz (defendant) listed as an authorized user, and purchased an optional collision damage waiver for $8.95 per day on top of a $70.00 daily rental fee; the rental agent never explained the waiver's terms, though they were printed plainly inside a folder Osborne received and stated the waiver did not cover damage from impaired driving. After the car was damaged while Lauvetz drove intoxicated, National sued Lauvetz and Osborne and moved for summary judgment on the enforceability of the waiver's exclusion, which the lower court granted, prompting the defendants' appeal.