CHAPTER 9. PRIMARY MOTOR VEHICLE INSURANCE COVERAGE
IC 27-8-9
Chapter 9. Primary Motor Vehicle Insurance Coverage
IC 27-8-9-1
Repealed
(Repealed by P.L.261-1983, SEC.6.)
IC 27-8-9-2
Repealed
(Repealed by P.L.261-1983, SEC.6.)
IC 27-8-9-3
Repealed
(Repealed by P.L.261-1983, SEC.6.)
IC 27-8-9-4
Repealed
(Repealed by P.L.261-1983, SEC.6.)
IC 27-8-9-5
Application of chapter
Sec. 5. This chapter applies only to policies affording motor
vehicle insurance coverage that are issued or renewed after August
31, 1983.
As added by Acts 1980, P.L.174, SEC.1. Amended by P.L.261-1983,
SEC.1; P.L.226-1993, SEC.2.
IC 27-8-9-6
Definitions
Sec. 6. (a) The definitions set forth in this section apply
throughout this chapter.
(b) "Garage liability policy" refers to any motor vehicle liability
insurance policy that affords coverage to a named insured engaged
in the business of selling, leasing, repairing, servicing, delivering,
testing, road testing, parking, or storing motor vehicles, but does not
refer to a motor vehicle liability insurance policy that affords
coverage to a vehicle used in the business of transporting property
for hire.
(c) "Motor vehicle insurance coverage" means any type of
insurance coverage described in IC 27-1-5-1, Class 2(f).
(d) "Permittee" means any person who is granted permission to
operate a motor vehicle by the owner of the motor vehicle.
As added by P.L.261-1983, SEC.2. Amended by P.L.81-1991,
SEC.11; P.L.226-1993, SEC.3.
IC 27-8-9-7
Coverage for a permittee or passenger
Sec. 7. (a) This section does not apply to cases covered by section
10 or 11 of this chapter.
(b) In any case arising from a permittee's use of a motor vehicle
for which the owner of the vehicle has motor vehicle insurance
coverage, the owner's motor vehicle insurance coverage is considered
primary if both of the following apply:
(1) The vehicle, at the time damage occurred, was operated with
the permission of the owner of the motor vehicle.
(2) The use was within the scope of the permission granted.
(c) The permittee may not recover under any other motor vehicle
insurance coverage available to the permittee until the limit of all
coverage provided by the owner's policy is first exhausted.
(d) In a case arising from an owner's use of a motor vehicle for
which the owner of the vehicle has motor vehicle insurance
coverage, the owner's motor vehicle insurance policy is considered
primary for any claim made by a passenger in the motor vehicle.
(e) A passenger in a motor vehicle at the time a case described in
subsection (b) or (d) arises may not recover under any other motor
vehicle insurance coverage available to the passenger until the limit
of all coverage available to the passenger under the owner's motor
vehicle insurance policy is first exhausted.
As added by P.L.261-1983, SEC.3. Amended by P.L.226-1993,
SEC.4; P.L.74-2009, SEC.1; P.L.93-2010, SEC.17.
IC 27-8-9-8
Repealed
(Repealed by P.L.226-1993, SEC.8.)
IC 27-8-9-9
Leased motor vehicles; leased vehicles used in transportation for
hire
Sec. 9. (a) When a claim arises from the operation of a motor
vehicle leased under a written lease agreement, if under the
agreement the lessee agrees to provide coverage for damage resulting
from his operation of the vehicle, then the motor vehicle insurance
coverage of the lessee is primary. No claim may be made against any
coverage available for the vehicle by the lessor until the limits of the
motor vehicle insurance coverage provided by the lessee for the
vehicle are exhausted.
(b) When a claim arises from the operation of a motor vehicle that
is used in the business of transporting property for hire and leased
under a written lease agreement, if under the agreement the lessor
and lessee agree as to which coverage of the parties' motor vehicle
insurance is primary coverage, then the policy of insurance providing
that coverage is primary and no claim may be made against any other
coverage for the vehicle until the limits of that policy are exhausted.
As added by P.L.261-1983, SEC.5. Amended by P.L.81-1991,
SEC.12; P.L.226-1993, SEC.5.
IC 27-8-9-10
Garage liability policy as owner's only coverage; permittee's
coverage primary
Sec. 10. (a) This section applies if the only motor vehicle
insurance coverage provided by the owner of the motor vehicle is
under a garage liability policy.
(b) Notwithstanding section 7 of this chapter, any coverage
available to the permittee is primary.
(c) Recovery may not be made under the garage liability policy
until the limits of all coverage available to the permittee have been
exhausted.
As added by P.L.226-1993, SEC.6.
IC 27-8-9-11
Bailee's coverage primary
Sec. 11. (a) This section applies to a motor vehicle while under
the control of either of the following:
(1) A bailee.
(2) An agent or employee of a bailee.
(b) As used in this section, "bailee" refers only to a person who is
in the business of storing, parking, servicing, or repairing vehicles.
(c) Notwithstanding section 7 of this chapter, any coverage
available to the bailee is primary.
(d) Recovery may not be made under the vehicle owner's policy
until the limits of all motor vehicle insurance coverage available to
the bailee have been exhausted.
As added by P.L.226-1993, SEC.7.