§ 26.1-40-15.4 — Other insurance and priority of payment

North Dakota § 26.1-40-15.4

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-40: Automobile Insurance and Warranties

Text

1. Any damages payable to or for any insured for uninsured or underinsured motorist
coverage must be reduced by:
a. The amount paid, or payable under any workforce safety and insurance or other
similar law, exclusive of nonoccupational disability benefits; and
b. Amounts paid or payable under any valid and collectible motor vehicle medical
payments, personal injury protection insurance, or similar motor vehicle
coverages.
2. Regardless of the number of motor vehicles involved, the number of persons covered
or claims made, vehicles or premiums shown in the policy or premiums paid, the limit
of liability for uninsured motorist or underinsured motorist coverage may not be added
to or stacked upon limits for such coverages applying to other motor vehicles to
determine the amount of coverage available to an insured in any one accident.
3. If an insured is entitled to uninsured motorist or underinsured motorist coverage under
more than one policy, the maximum amount such insured may recover may not
exceed the highest limit of such coverage provided for any one vehicle under any one
policy. If more than one policy applies, the following order of priority applies:
a. A policy covering a motor vehicle occupied by the injured person at the time of
the accident.
b. A policy covering a motor vehicle not involved in the accident under which the
injured person is a named insured.
c. A policy covering a motor vehicle not involved in the accident under which the
injured person is an insured other than a named insured.
Coverage available under a lower priority policy applies only to the extent it exceeds
the coverage of a higher priority policy.