Sec. 21.96.018. Transportation network company insurance provisions.

520 words·~2 min read·/ak/title-21/chapter-96/21-96-018

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Insurers that write automobile insurance in the state may, notwithstanding any requirement under AS 28.20 , 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 driver is logged onto the digital network of a transportation network company or while a driver provides a prearranged ride. The right to exclude all coverage may apply to any coverage included in an automobile insurance policy, including

(1)liability coverage for bodily injury and property damage;

(2)uninsured and underinsured motorist coverage;

(3)medical payments coverage;

(4)comprehensive physical damage coverage; and

(5)collision physical damage coverage.

(b)Nothing in this section

(1)implies or requires that a personal automobile insurance policy provide coverage while the driver

(A)is logged onto the digital network of a transportation network company;

(B)is engaged in a prearranged ride; or

(C)otherwise uses a personal vehicle to transport passengers for compensation;

(2)may be construed to require an insurer to use specific policy language or to refer to this section in order to exclude any and all coverage for any loss or injury that occurs while a driver

(A)is logged onto the digital network of a transportation network company; or

(B)provides a prearranged ride; or

(3)precludes an insurer from providing coverage for the personal vehicle of a transportation network company driver if the insurer chooses to provide coverage by contract or endorsement.

(c)Automobile insurers that exclude coverage under

(a)of this section do not have a duty to defend or indemnify any claim expressly excluded under

(a)of this section. Nothing in this section may be considered to invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use in this state before the enactment of this section, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.

(d)An automobile insurer that defends or indemnifies a claim against a driver that is excluded under the terms of the automobile insurer's policy shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of AS 28.23.050 at the time of loss.

(e)In a claims coverage investigation, a transportation network company shall immediately provide, upon request by directly involved parties or any insurer of the transportation network company driver, if applicable, the precise times that a transportation network company driver logged onto and off of the digital network of a transportation network company in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident. Insurers potentially providing coverage shall disclose, upon request of any insurer involved in the claim, the applicable coverages, exclusions, and limits provided under any automobile insurance maintained under AS 28.23.050 .

(f)In this section, “digital network,” “driver,” “personal vehicle,” “prearranged ride,” “transportation network company,” and “transportation network company driver” have the meanings given in AS 28.23.180 .