First Regular Session 116th General Assembly (2009)
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HOUSE ENROLLED ACT No. 1090
AN ACT to amend the Indiana Code concerning insurance.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 27-8-9-7; (09)HE1090.1.1. -->
SECTION 1. IC 27-8-9-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 7. (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 provided by the owner's policy is first
exhausted.