Old Republic Insurance Company (“Old Republic”) appeals the trial court’s order denying Old Republic’s motion for summary judgment and granting summary judgment to RLI Insurance Company (“RLI”), The Insurance Company of the State of Pennsylvania (“ISOP”), First Specialty Insurance Corporation (“First Specialty”), and Debra Boboruzian. Old Republic raises two issues for our review, which we restate as the following issue: whether I.C. 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.
Conclusion (slip op. at 17): In sum, we hold that I.C. 27-8-9-9 applies only to determine the priority of coverage between or among policies affording the same level of coverage. Here, the Old Republic Policy provides primary coverage, while the RLI Excess Policy, the ISOP Umbrella Policy, and the First Specialty Excess Policy each offer true excess coverage. Thus, the Lease Statute cannot be applied to prioritize the Excess Insurers’ policies ahead of the Old Republic Policy. The trial court did not err in holding that I.C. 27-8-9-9 is inapplicable to Old Republic’s declaratory judgment action and in granting summary judgment to the Excess Insurers. Affirmed.
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