§ 27-8-9-7 — Coverage for a permittee or passenger

Indiana § 27-8-9-7

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 8: LIFE, ACCIDENT, AND HEALTH
• Ch. 9: Primary Motor Vehicle Insurance Coverage

Text

(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.

Legislative History

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.