Primary and excess coverage
- garage operator required to post notice.
1.If two or more policies of liability insurance covering the same motor vehicle are in effect when the motor vehicle is involved in an incident which results in a claim against the policies:
(a)If the motor vehicle was being operated by a person engaged in the business of selling, repairing, servicing, delivering, testing, road testing, parking or storing motor vehicles, or by an agent or employee of the person while in pursuit of that business, the policy issued to that business shall be deemed to be primary and any other policy shall be deemed to provide excess coverage.
(b)If the motor vehicle was being operated by a person described in paragraph (a) in any pursuit other than of that business, or by some other person, the policy issued to the operator of the vehicle shall be deemed to be primary and any policy issued to the business shall be deemed to provide excess coverage.
(c)If, while the vehicle of the customer was being repaired or serviced in the bailment of a garage operator engaged in the business of repairing or servicing motor vehicles, the customer is lent by the garage operator a motor vehicle for use during the time required to complete the repairs or service, the policy issued to the customer shall be deemed to be primary and all other policies shall be deemed to provide excess coverage. A garage operator engaged in the business of repairing or servicing motor vehicles who loans a customer a vehicle for use during the time required to complete the repairs or service shall provide express notice to the customer that the customer’s policy of insurance will provide primary coverage while the customer is operating that vehicle.
2.The provisions in subsection 1 may be modified but only by a written agreement signed by all the insurers who have issued policies applicable to a claim described in subsection 1 and by all the insureds under those policies.
3.This section applies only to policies of liability insurance issued or renewed on or after July 1, 1981.
Section 690B.025 — Primary and excess coverage; garage operator required to post notice.,