North Dakota Code 26.1-40-15.4 – Other insurance and priority of payment
1. Any damages payable to or for any insured for uninsured or underinsured motorist coverage must be reduced by:
Terms Used In North Dakota Code 26.1-40-15.4
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
a. The amount paid, or payable under any workforce safety and insurance or other similar law, exclusive of nonoccupational disability benefits; and
b. Amounts paid or payable under any valid and collectible motor vehicle medical payments, personal injury protection insurance, or similar motor vehicle coverages.
2. Regardless of the number of motor vehicles involved, the number of persons covered or claims made, vehicles or premiums shown in the policy or premiums paid, the limit of liability for uninsured motorist or underinsured motorist coverage may not be added to or stacked upon limits for such coverages applying to other motor vehicles to determine the amount of coverage available to an insured in any one accident.
3. If an insured is entitled to uninsured motorist or underinsured motorist coverage under more than one policy, the maximum amount such insured may recover may not exceed the highest limit of such coverage provided for any one vehicle under any one policy. If more than one policy applies, the following order of priority applies:
a. A policy covering a motor vehicle occupied by the injured person at the time of the accident.
b. A policy covering a motor vehicle not involved in the accident under which the injured person is a named insured.
c. A policy covering a motor vehicle not involved in the accident under which the injured person is an insured other than a named insured.
Coverage available under a lower priority policy applies only to the extent it exceeds the coverage of a higher priority policy.