Ah, sweet, sweet insurance – the mother’s milk for personal injury attorneys. (And there is probably an Oedipal extension of that metaphor to be had with respect to the PI attorney’s love/hate relationship with insurers.) In any case, HB 1090 provides a bit of clarification with respect to which insurance policy is deemed primary for a motor vehicle passenger.
It is not uncommon for injured people to get caught up in a case of dueling insurance policy. In this case, the passenger might have an insurance policy of his or her own while, at the same time, the owner of the motor vehicle has insurance. Both insurers would like the other insurer to pay. Both policies probably have some policy language that says, “if there is any other insurance available, we won’t cover the loss until that policy is exhausted.” HB 1090 specifies that, in such a case, the motor vehicle owner’s insurance coverage gets tapped first.
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