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Repealed
    (Repealed by P.L.261-1983, SEC.6.)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Repealed
    (Repealed by P.L.261-1983, SEC.6.)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Repealed
    (Repealed by P.L.261-1983, SEC.6.)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Repealed
    (Repealed by P.L.261-1983, SEC.6.)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 motorvehicle insurance coverage that are issued or renewed after August31, 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 applythroughout this chapter.
    (b) "Garage liability policy" refers to any motor vehicle liabilityinsurance policy that affords coverage to a named insured engagedin the business of selling, leasing, repairing, servicing, delivering,testing, road testing, parking, or storing motor vehicles, but does notrefer to a motor vehicle liability insurance policy that affordscoverage to a vehicle used in the business of transporting propertyfor hire.
    (c) "Motor vehicle insurance coverage" means any type ofinsurance coverage described in IC 27-1-5-1, Class 2(f).
    (d) "Permittee" means any person who is granted permission tooperate 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 section10 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 insurancecoverage, the owner's motor vehicle insurance coverage is consideredprimary if both of the following apply:
        (1) The vehicle, at the time damage occurred, was operated withthe 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 vehicleinsurance coverage available to the permittee until the limit of allcoverage provided by the owner's policy is first exhausted.
    (d) In a case arising from an owner's use of a motor vehicle forwhich the owner of the vehicle has motor vehicle insurancecoverage, the owner's motor vehicle insurance policy is consideredprimary for any claim made by a passenger in the motor vehicle.
    (e) A passenger in a motor vehicle at the time a case described insubsection (b) or (d) arises may not recover under any other motorvehicle insurance coverage available to the passenger until the limitof all coverage available to the passenger under the owner's motorvehicle 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 forhire
    Sec. 9. (a) When a claim arises from the operation of a motorvehicle leased under a written lease agreement, if under theagreement the lessee agrees to provide coverage for damage resultingfrom his operation of the vehicle, then the motor vehicle insurancecoverage of the lessee is primary. No claim may be made against anycoverage available for the vehicle by the lessor until the limits of themotor vehicle insurance coverage provided by the lessee for thevehicle are exhausted.
    (b) When a claim arises from the operation of a motor vehicle thatis used in the business of transporting property for hire and leasedunder a written lease agreement, if under the agreement the lessorand lessee agree as to which coverage of the parties' motor vehicleinsurance is primary coverage, then the policy of insurance providingthat coverage is primary and no claim may be made against any othercoverage 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'scoverage primary
    Sec. 10. (a) This section applies if the only motor vehicle

insurance coverage provided by the owner of the motor vehicle isunder a garage liability policy.
    (b) Notwithstanding section 7 of this chapter, any coverageavailable to the permittee is primary.
    (c) Recovery may not be made under the garage liability policyuntil the limits of all coverage available to the permittee have beenexhausted.
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 underthe 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 isin the business of storing, parking, servicing, or repairing vehicles.
    (c) Notwithstanding section 7 of this chapter, any coverageavailable to the bailee is primary.
    (d) Recovery may not be made under the vehicle owner's policyuntil the limits of all motor vehicle insurance coverage available tothe bailee have been exhausted.
As added by P.L.226-1993, SEC.7.