Indiana Code
Ind. Code § 27-8-9-9 (2026)
Leased motor vehicles; leased vehicles used in transportation for hire
✓ current as of May 2026
Sec. 9. (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.
As added by P.L.261-1983, SEC.5. Amended by P.L.81-1991, SEC.12; P.L.226-1993, SEC.5.
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1987–2025 · leading case: Pafco Gen. v. Providence Washington, 587 N.E.2d 728 (Ind. Ct. App. 1992).
Pafco Gen. v. Providence Washington, 587 N.E.2d 728 (Ind. Ct. App. 1992). “I.C. § 27-8-9-9 concerns primary motor vehicle liability insurance coverage of leased vehicles.”
Old Repub. Ins. Co. v. RLI Ins. Co., 887 N.E.2d 1003 (Ind. Ct. App. 2008). “Ind.Code § 27-8-9-9 (2004). In response, the Excess Insurers assert the Lease Statute applies only between insurance policies on the same level.”
Safe Auto Ins. Co. v. Enter. Leasing Co. of Indianapolis, 889 N.E.2d 392 (Ind. Ct. App. 2008). “That statute provides in pertinent part: 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…”
Huber v. Henley, 669 F. Supp. 1474 (S.D. Ind. 1987). “As a final matter, the cross-claimants argue that Indiana’s primary coverage statute, Ind.Code § 27-8-9-9, requires Trans American to bear the ultimate financial responsibility for the plaintiff’s claims.”
Conklin v. State, 587 N.E.2d 725 (Ind. Ct. App. 1992). “I.C. § 27-8-9-9 concerns primary motor vehicle liability insurance coverage of leased vehicles.”
Cent. Mut. Ins. Co. v. Motorists Mut. Ins. Co., 23 N.E.3d 18 (Ind. Ct. App. 2014). “denied, the court addressed whether Ind. Code § 27-8-9-9 , Indiana’s Lease Statute, may be applied to determine the priority of insurance coverage between a primary insurance policy and true excess policies.”
Cont'l W. Ins. v. Reliance Nat'l Indem. Co., 141 F. Supp. 2d 968 (N.D. Ind. 2001). “In Indiana, Indiana Code Section 27-8-9-9 determines liability when two or more policies cover a leased vehicle.”
Cincinnati Ins. Co. v. Am. Alt. Ins. Corp., 866 N.E.2d 326 (Ind. Ct. App. 2007). “Indiana Code Section 27-8-9-9(a) applies to lessors of motor vehicles and states that the insurance coverage provided by the lessee is primary over any insurance covering the lessor.”
Westfield Ins. Co. v. Hanover Ins. Co., 9 F.3d 656 (7th Cir. 1993). “*657 Ind.Code § 27-8-9-9. Summit City signed a lease with Hover, which as lessee agreed to provide insurance for damage arising out of the operation of the truck.”
Johnson v. Wilson, 185 F. Supp. 2d 960 (S.D. Ind. 2002). “Wilson would be considered a “permittee” such that Indiana Code § 27-8-9-7 would apply; Indiana Code § 27-8-9-9 governing leased motor vehicles is more apt to apply.”
United Fire & Cas. Co. v. Progressive Se. Ins. Co. (N.D. Ind. 2023). “Under Indiana Code §27-8-9-9(b): (b) When a claim arises from the operation of a motor vehicle that is sued 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…”
Progressive Se. Ins. Co. v. Empire Fire & Marine Ins. Co. (Ind. Ct. App. 2017). “Most of the parties’ arguments on summary judgment and now on appeal involve the question of whether the Courtesy Car Agreement, and its underlying transaction, was a rental under Indiana Code section 24-4-9-5, a loan under Indiana Code section 27-8-9-7, or a lease under Indiana…”
Ind. Code § 27-8-9-9(a): 4 cases
Cincinnati Ins. Co. v. Am. Alt. Ins. Corp., 866 N.E.2d 326 (Ind. Ct. App. 2007). “Indiana Code Section 27-8-9-9(a) applies to lessors of motor vehicles and states that the insurance coverage provided by the lessee is primary over any insurance covering the lessor.”
Pafco Gen. v. Providence Washington, 587 N.E.2d 728 (Ind. Ct. App. 1992). “I.C. § 27-8-9-9 concerns primary motor vehicle liability insurance coverage of leased vehicles.”
Cont'l W. Ins. v. Reliance Nat'l Indem. Co., 141 F. Supp. 2d 968 (N.D. Ind. 2001). “In Indiana, Indiana Code Section 27-8-9-9 determines liability when two or more policies cover a leased vehicle.”
Conklin v. State, 587 N.E.2d 725 (Ind. Ct. App. 1992). “I.C. § 27-8-9-9 concerns primary motor vehicle liability insurance coverage of leased vehicles.”
Ind. Code § 27-8-9-9(b): 1 case
United Fire & Cas. Co. v. Progressive Se. Ins. Co. (N.D. Ind. 2023). “Under Indiana Code §27-8-9-9(b): (b) When a claim arises from the operation of a motor vehicle that is sued 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…”
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