Facts

According to the defendant: On Nov. 19, 1997, plaintiff Yvonne Ash lost control of a 1994 Toyota automobile
she had rented from rental agency STLB Inc. Upon hitting a tree, the air bags in the vehicle deployed, injuring
her eyes. On Dec. 15, 1997, Yvonee Ash and Clinton Ash sued Toyota Motor Corporation and Toyota Motor
Sales USA Inc.
Yvonne Ash proceeded under a strict liability theory while Clinton Ash sued for loss of consortium. On Sept.
28, 1998, the Ash plaintiffs amended the complaint in order to sue STLB for failure to warn the dangerousness
of the rental carÆs airbags.
STLB subsequently tendered the Ash plaintiffsÆ claim to its business automobile liability carrier, Empire Fire
& Marine Insurance Company.
Empire declined coverage of the claim due to STLBÆs failure to include the Ash plaintiffsÆ rental car on the
policyÆs schedule of covered vehicles. STLB tendered the action to its insurer Gainsco under GainscoÆs CGL
policy.
Gainsco denied the claim based upon the auto exclusion. STLB then assigned its rights under GainscoÆs policy
to Ash and agreed to allow its answer to be stricken resulting a judgment against STLB for $3,440,801 for
Yvonne Ash and $281,000 in favor of Clinton Ash for loss of consortium.
The plaintiff sought to collect the judgment pursuant to its assignment directly from Gainsco.