Ind. Code § 8-2.1-19.3-7

Current through P.L. 171-2024
Section 8-2.1-19.3-7 - Claim coverage investigation
(a) In a claim coverage investigation, a DNC and an insurance company that issues a motor vehicle insurance policy potentially providing the coverage required by section 3 of this chapter shall cooperate to facilitate the exchange of information with directly involved parties and any insurance company that issues a motor vehicle insurance policy that provides coverage to the DNC driver, including:
(1) the precise time that a DNC began the:
(A) delivery available period; and
(B) delivery service period, if applicable;

during the twelve (12) hour period immediately preceding, and the twelve (12) hour period immediately following, the accident; and

(2) disclosure among the parties and insurance companies of a clear description of the insurance coverage, exclusions, and limitations that apply under any applicable motor vehicle insurance policy that:
(A) is issued or maintained by a party; and
(B) provides the coverage required by section 3 of this chapter.
(b) An insurance company that issues a motor vehicle insurance policy that provides coverage to a DNC shall assume primary liability for a claim when:
(1) a dispute arises as to when the:
(A) delivery available period; or
(B) delivery service period;

began or ended; and

(2) the DNC:
(A) does not have;
(B) did not retain; or
(C) fails to provide;

the information required by subsection (a).

IC 8-2.1-19.3-7

Added by P.L. 215-2023,SEC. 10, eff. 7/1/2023.