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Click here for the full text of this decision FACTS:Horacio Barrios rented a Ford Explorer from Enterprise Leasing Company of Houston. Enterprise alleges that at the end of the rental term, Barrios did not return the car because it was stolen. After Barrios refused to pay for the vehicle, Enterprise sued Barrios for breach of the rental agreement, claiming that the agreement required Barrios to reimburse Enterprise for the loss of the vehicle. The trial court granted Enterprise’s motion for partial summary judgment on liability and, after conducting a hearing on damages, entered final judgment in favor of Enterprise. Barrios appealed, claiming that necessary proof of Enterprise’s claim, his answers to Enterprise’s requests for admissions, were not attached to Enterprise’s motion for partial summary judgment. Barrios also argued that his uncontroverted summary judgment evidence established that “any loss was not due to any fault of [Barrios].” A divided court of appeals, sitting en banc, reversed the trial court’s judgment, holding that the rental agreement was ambiguous, and remanded the case to the trial court. Enterprise petitioned this court for review. HOLDING:Reversed and rendered. The rental agreement provided, in part: “DAMAGE TO RENTED CAR: Renter is responsible for and agrees to pay to Owner the retail value of replacing and/or repairing all losses and damages to the rented car including”loss of use’ during the period it is unavailable for rental use as measured by reasonable rental value of renting a replacement car, regardless of fault or negligence of the Renter or any person, and regardless if damages are a result of an act of God.” The court of appeals held that this provision was ambiguous as to whether Barrios was required to reimburse Enterprise for a rental car if it was stolen through no fault or negligence of his own. The court of appeals emphasized that the key provision was titled “Damage to Rented Car” instead of “Loss of Rented Car” and reasoned that “[a] natural reading of the language of the provision is that the general terms”loss or damage’ are limited to loss or damage ‘to’ the car,” as opposed to the wholesale theft of the car. This rental agreement unambiguously requires renters to reimburse Enterprise if the rented car is stolen and not returned, regardless of fault. The court of appeals misconstrued the clear language of the agreement that requires renters to “replac[e] and/or repair[] all losses and damages to the rented car.” Instead, the court put undue weight on the title of the governing contract provision. Although in certain cases courts may consider the title of a contract provision or section to interpret a contract, “the greater weight must be given to the operative contractual clauses of the agreement.” Neece v. A.A.A. Realty Co., 322 S.W.2d 597 (Tex. 1959). This contract’s requirement that renters pay Enterprise “the retail value of replacing and/or repairing all losses and damages to the rented car” unambiguously requires renters to reimburse Enterprise for all losses to the rented car, including the loss of the entire car by theft. The court reviews the summary judgment de novo. If the pertinent summary judgment evidence considered by the trial court is not included in the appellate record, an appellate court must presume that the omitted evidence supports the trial court’s judgment. The court presumes that Barrios’s answers support the trial court’s partial summary judgment in favor of Enterprise. OPINION:Per curiam.

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