§ 27-8-9-9 — Leased motor vehicles; leased vehicles used in transportation for hire

Indiana § 27-8-9-9

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

Text

(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.

Legislative History

As added by P.L.261-1983, SEC.5. Amended by P.L.81-1991, SEC.12; P.L.226-1993, SEC.5.