Indiana Code
Ind. Code § 27-8-9-10 (2026)
Garage liability policy as owner's only coverage; permittee's coverage primary
✓ current as of May 2026
Sec. 10. (a) This section applies if the only motor vehicle insurance coverage provided by the owner of the motor vehicle is under a garage liability policy.
(b) Notwithstanding section 7 of this chapter, any coverage available to the permittee is primary.
(c) Recovery may not be made under the garage liability policy until the limits of all coverage available to the permittee have been exhausted.
As added by P.L.226-1993, SEC.6.
Notes of Decisions
Cited in 3
cases, 1999–2014 · leading case: Cent. Mut. Ins. Co. v. Motorists Mut. Ins. Co., 23 N.E.3d 18 (Ind. Ct. App. 2014).
Cent. Mut. Ins. Co. v. Motorists Mut. Ins. Co., 23 N.E.3d 18 (Ind. Ct. App. 2014). “Central asserts that this conclusion is not changed by the fact that the Central Policy provides that its coverage is primary and the Motorists Policy provides that its coverage is excess because contractual provisions which are in contravention of statute are unenforceable.”
Gen. Accident Ins. Co. of Am. v. Hughes, 706 N.E.2d 208 (Ind. Ct. App. 1999). “Further, Indiana Code 27-8-9-10 (Burns Code Ed. Repl.”
McMurray v. Nationwide Mut. Ins. Co., 878 N.E.2d 488 (Ind. Ct. App. 2007). “” Ind. Code § 27-8-9-10 (a) (2003). Since Nationwide’s coverage at issue in this case is under a standard, private owner’s auto liability policy rather than the specialized and broader garage liability policy, this statute, and consequently the discussion in the Hughes case, is…”
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