(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 sues 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).As added by P.L.215-2023, SEC.10.
Indiana Legal Code