Some insurers may exclude certain coverage for TNC drivers during logged-on or prearranged-ride periods, and several disclosure and coverage-sharing duties apply.
(a) Insurers that write automobile insurance in this state may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a TNC driver is logged on to the digital network of a TNC or while a TNC driver provides a prearranged ride. (b) The right to exclude all coverage may apply to any coverage included in an automobile insurance policy, including, but not limited to, any of the following: (1) Liability coverage for bodily injury and property damage. (2) Personal injury protection coverage as defined by state law. (3) Uninsured and underinsured motorist coverage. (4) Medical payments coverage. (5) Comprehensive physical damage coverage. (6) Collision physical damage coverage. (c) The exclusions under this section shall apply notwithstanding any requirements under the Motor Vehicle Safety-Responsibility Act, Chapter 7 of this title. (d) Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while the TNC driver is logged on to the digital network of a TNC, while the TNC driver is engaged in a prearranged ride, or while the TNC driver otherwise uses a vehicle to transport passengers for compensation. (e) Nothing in this chapter shall require an insurer to use any particular policy language or reference to this section in order to exclude any and all coverage for any loss or injury that occurs while a driver is logged on to the digital network of a TNC or while a TNC driver provides a prearranged ride. (f) Nothing shall preclude an insurer from providing primary or excessive coverage for the personal vehicle of a TNC driver, if it so chooses to do so by contract or by endorsement. (g)(1) Automobile insurers that exclude the coverage described in this chapter shall have no duty to defend or indemnify any claim expressly excluded. (2) Nothing in this chapter shall invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use in this state prior to August 1, 2016, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public. (h) An automobile insurer that defends or indemnifies a claim against a TNC driver that is excluded under the terms of its policy shall have a right of contribution against other insurers that provide automobile insurance to the same TNC driver in satisfaction of the coverage requirements of this chapter at the time of loss. (i) In a claims coverage investigation, a TNC, upon the request of a directly involved party or any insurer or lienholder of the TNC driver, if applicable, shall provide the precise times that a TNC driver logged on and off of the digital network of a TNC in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident. (j) Insurers potentially providing coverage as set forth in this chapter shall disclose upon request by any other insurer involved in the particular claim the applicable coverages, exclusions, and limits provided under any automobile insurance maintained in order to satisfy the requirements of this chapter. (k)(1) A lender or a secured party of the motor vehicle of a TNC driver may require the TNC driver to maintain comprehensive damage coverage, collision damage coverage, or both, for the motor vehicle of a TNC driver, and may require the TNC driver to show evidence of the coverage to the lender or the secured party that would cover both the period when the TNC driver is logged onto the digital network of a TNC but is not engaged in a prearranged ride and when the TNC driver is engaged in a prearranged ride. (2) If a TNC driver fails to maintain the required comprehensive or collision damage coverage or fails to show evidence to the lender or the secured party pursuant to this subsection, the lender or the secured party may obtain the coverage at the expense of the TNC driver without limiting or affecting any other rights or remedies of the lender or the secured party. (l) If a lender or a secured party has a secured interest in the motor vehicle of a TNC driver and an insurer of a TNC makes a payment for a claim for damage to the motor vehicle of a TNC driver that is covered under comprehensive or collision damage coverage held by the TNC, the TNC shall then cause its insurer to issue the payment either directly to the vehicle repair shop or jointly to the owner of the motor vehicle and the primary lender or the secured party on the covered motor vehicle. (m)(1) A TNC shall make the following disclosures to a prospective TNC driver in the terms of service of the prospective TNC driver: a. If the vehicle that you plan to use to provide TNC services has a lien against it your usage may violate the terms of your contract with the lienholder. b. You must notify the lienholder that you will be using the vehicle for transportation services. (2) The disclosure required by this subsection shall be placed prominently in the written terms of service of the prospective TNC driver or on a separate disclosure, and the prospective TNC driver must acknowledge the terms of service or the separate disclosure electronically or by signature.