It pays first, and that is the problem. The employee’s policy is primary by statute and may carry only the state minimum of $30,000 per person, $60,000 per accident and $15,000 property damage. It may also exclude business use, delivery or livery, which is a policy-form term to check. A serious injury claim exceeds those limits, and the injured person then sues the business, which is what hired and non-owned auto liability answers.

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