13-51-108. Insurance.
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Effective 5/10/2016
13-51-108. Insurance.
(1)A transportation network company or a transportation network driver shall maintain insurance that covers, on a primary basis, a transportation network driver's use of a vehicle during a prearranged ride and that includes:
(a)an acknowledgment that the transportation network driver is using the vehicle in connection with a transportation network company during a prearranged ride or that the transportation network driver is otherwise using the vehicle for a commercial purpose;
(b)liability coverage for a minimum amount of $1,000,000 per occurrence;
(c)personal injury protection to the extent required under Sections 31A-22-306 through 31A-22-309 ;
(d)uninsured motorist coverage where required by Section 31A-22-305 ; and
(e)underinsured motorist coverage where required by Section 31A-22-305.3 .
(2)A transportation network company or a transportation network driver shall maintain insurance that covers, on a primary basis, a transportation network driver's use of a vehicle during a waiting period and that includes:
(a)an acknowledgment that the transportation network driver is using the vehicle in connection with a transportation network company during a waiting period or that the transportation network driver is otherwise using the vehicle for a commercial purpose;
(b)liability coverage in a minimum amount, per occurrence, of:
(i)$50,000 to any one individual;
(ii)$100,000 to all individuals; and
(iii)$30,000 for property damage;
(c)personal injury protection to the extent required under Sections 31A-22-306 through 31A-22-309 ;
(d)uninsured motorist coverage where required by Section 31A-22-305 ; and
(e)underinsured motorist coverage where required by Section 31A-22-305.3 .
(3)A transportation network company and a transportation network driver may satisfy the requirements of Subsections
(1)and
(2)by:
(a)the transportation network driver purchasing coverage that complies with Subsections
(1)and
(2);
(b)the transportation network company purchasing, on the transportation network driver's behalf, coverage that complies with Subsections
(1)and
(2); or
(c)a combination of Subsections (3)(a) and
(b).
(4)An insurer may offer to a transportation network driver a personal automobile liability insurance policy, or an amendment or endorsement to a personal automobile liability policy, that:
(a)covers a private passenger motor vehicle while used to provide transportation network services; and
(b)satisfies the coverage requirements described in Subsection
(1)or
(2).
(5)Nothing in this section requires a personal automobile insurance policy to provide coverage while a driver is providing transportation network services.
(6)If a transportation network company does not purchase a policy that complies with Subsections
(1)and
(2)on behalf of a transportation network driver, the transportation network company shall verify that the driver has purchased a policy that complies with Subsections
(1)and
(2).
(7)An insurance policy that a transportation network company or a transportation network driver maintains under Subsection
(1)or
(2):
(a)satisfies the security requirements of Section 41-12a-301 ; and
(b)may be placed with:
(i)an insurer that is certified under Section 31A-4-103 ; or
(ii)a surplus lines insurer eligible under Section 31A-15-103 .
(8)An insurer that provides coverage for a transportation network driver explicitly for the transportation network driver's transportation network services under Subsection
(1)or
(2)shall have the duty to defend a liability claim arising from an occurrence while the transportation network driver is providing transportation network services.
(9)If insurance a transportation network driver maintains under Subsection
(1)or
(2)lapses or ceases to exist, a transportation network company shall provide coverage complying with Subsection
(1)or
(2)beginning with the first dollar of a claim.
(a)An insurance policy that a transportation network company or transportation network driver maintains under Subsection
(1)or
(2)may not provide that coverage is dependent on a transportation network driver's personal automobile insurance policy first denying a claim.
(b)Subsection (10)(a) does not apply to coverage a transportation network company provides under Subsection
(9)in the event a transportation network driver's coverage under Subsection
(1)or
(2)lapses or ceases to exist.
(11)A personal automobile insurer:
(a)notwithstanding Section 31A-22-302 , may offer a personal automobile liability policy that excludes coverage for a loss that arises from the use of the insured vehicle to provide transportation network services; and
(b)does not have the duty to defend or indemnify a loss if an exclusion described in Subsection (11)(a) excludes coverage according to the policy's terms.
Amended by Chapter 138 , 2016 General Session
Amended by Chapter 359 , 2016 General Session