You asked if a temporary loan agreement used by an auto dealer who loans a car to a customer having his vehicle serviced makes the customer’s automobile insurance policy primary.

Yes, a temporary loan agreement used by an auto dealer who loans a car to a customer having his vehicle serviced makes the customer’s automobile insurance policy primary, pursuant to Connecticut law (CGS § 14-60).

The industry-standard automobile insurance policy provides for excess (secondary) coverage only for an automobile not owned by the driver while used as a temporary substitute because his automobile is being serviced. State law invalidates this excess insurance clause in this situation. When a person’s vehicle is being serviced, the auto dealer or repairer may loan him a car so long as he provides proof that he has automobile insurance, which will be primary coverage (i. e. , pay first) in case of damage (CGS § 14-60).

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