North Dakota Code § 26.1-40-17

Establishment of primary and excess automobile liability coverages in
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certain instances.
When an automobile insurance policy which includes only automobile liability coverage, 
uninsured motorist coverage, underinsured motorist coverage, automobile medical payments 
coverage, and basic or optional excess no -fault benefits is in force for anyone engaged in the 
business of selling, repairing, servicing, storing, leasing, renting, or parking motor vehicles and 
the owner of the vehicles loans, rents, or leases a vehicle to any other person or organization 
and the vehicle is involved in an accident out of which bodily injury or property damage arises, 
the following is applicable:
1. If no other automobile insurance policy is in force at the time of the accident for the 
person or organization to whom the vehicle was loaned, rented, or leased, the 
coverage provided by the motor vehicle owner's automobile policy extends to the 
borrower, rentee, or lessee in the event the owner's automobile insurance policy 
extends coverage to the borrower, rentee, or lessee.
2. If another automobile insurance policy is in force for the person or organization to 
whom the vehicle was loaned, rented, or leased, any coverage provided by the motor 
vehicle owner's automobile insurance policy is excess coverage only but limited, 
however, by the terms of the owner's applicable automobile insurance policy. The 
policy afforded the person or organization to whom the vehicle was loaned, rented, or 
leased is primary.
Any policy provisions at variance with this section must be interpreted so as to comply with this 
section.

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