28-4010. Motor vehicle liability policy;
primary and excess coverage
A. If two or more policies affording valid and collectible motor vehicle liability
insurance apply to the same motor vehicle that is involved in an occurrence out of which
a liability loss arises and one of the policies affords coverage to a named insured
engaged in the business of selling, repairing, servicing, delivering, testing, road
testing, parking or storing motor vehicles, both of the following are conclusively
presumed:
1. If at the time of loss the motor vehicle is being operated by a person engaged
in one of the businesses or by the person's employee or agent, the insurance afforded by
the policy issued to the person engaged in the business is primary and the insurance
afforded by any other policy is excess.
2. If at the time of loss the motor vehicle is being operated by a person other
than a person described in this subsection, the insurance afforded by the policy issued
to a person engaged in a business described in this subsection is excess over all other
insurance available to the operator as a named insured or otherwise.
B. Except as provided in subsection A, if two or more policies affording valid and
collectible liability insurance apply to the same motor vehicle that is involved in an
occurrence out of which a liability loss arises, it is conclusively presumed that the
insurance afforded by that policy in which the motor vehicle is described or rated as an
owned automobile is primary and the insurance afforded by any other policy or policies is
excess.
C. The presumptions stated in subsection A may be modified or amended only by a
written agreement signed by all insurers who have issued a policy or policies applicable
to a loss described in subsection A and all named insureds under these policies.
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