§ 45:201.7 — Automobile insurance provisions

Louisiana § 45:201.7

• Jurisdiction: Louisiana
• Title 45: Public Utilities and Carriers

Text

§201.7. Automobile insurance provisions
A.(1) Insurers that write automobile insurance in this state may exclude any or 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 on to a transportation network
company's digital network during the pre-trip acceptance period or while a driver is engaged
in a prearranged ride. This right to exclude coverage shall apply to any or all coverage in an
automobile insurance policy including but not limited to:
(a) Liability coverage for bodily injury.
(b) Liability coverage for property damage.
(c) Uninsured and underinsured motorist coverage.
(d) Medical payments coverage.
(e) Comprehensive physical damage coverage.
(f) Collision physical damage coverage.
(2) The exclusions permitted in this Subsection shall apply notwithstanding any
requirement under the Motor Vehicle Safety Responsibility Law, R.S. 32:851 et seq. or other
laws. Nothing in this Section implies or requires that a personal automobile insurance policy
provide coverage while the driver is logged on to the transportation network company's
digital network during the pre-trip acceptance period, while the driver is engaged in a
prearranged ride, or while the driver otherwise uses a vehicle to transport passengers for
compensation.
(3) Nothing in this Part shall be deemed to preclude an insurer from providing
coverage for the transportation network company driver's vehicle, if it chooses to do so by
contract or endorsement.
B.(1) Automobile insurers that exclude the coverage described in R.S. 45:201.6 shall
have no duty to defend or indemnify any claim expressly excluded thereunder. Nothing in
this Part shall be deemed to invalidate or limit an exclusion contained in a policy including
any policy in use or approved for use in this state prior to the effective date of this Part that
excludes coverage for vehicles used to carry persons or property for a charge or available for
hire by the public.
(2) An automobile insurer that defends or indemnifies a claim against a 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 driver in satisfaction of the coverage
requirements of R.S. 45:201.6 at the time of loss.
C. If a transportation network company's insurer makes a payment for a claim
covered under comprehensive coverage or collision coverage, the transportation network
company shall cause its insurer to issue the payment directly to the repair facility or jointly
to the owner of the vehicle and the primary holder of any security interest, privilege, or lien
on the covered vehicle. No fine shall result for a violation of this Subsection.

Legislative History

Acts 2015, No. 266, §1, eff. Jan. 1, 2016.