§ 902 — Program liability

§ 902. Program liability. 1. Notwithstanding any other provision of\nlaw, or any provision in a shared vehicle owner's policy of motor\nvehicle liability insurance, in the event of a loss, death, or injury\nthat shall occur during the peer-to-peer car sharing period, the\npeer-to-peer car sharing program insurers providing coverages under\nsection nine hundred one of this article shall provide financial\nresponsibility for any bodily injury, death, or damage to property in\namounts not to exceed those stated in the peer-to-peer car sharing\nprogram agreement and not less than those amounts required in section\nnine hundred one of this article, and the peer-to-peer car sharing\nadministrator shall retain such liability irrespective of a lapse in the\ngroup policy or any other insurance policy or financial security\nmaintained by the administrator.\n 2. The insurer or insurers providing group liability insurance to the\npeer-to-peer car sharing program pursuant to section nine hundred one of\nthis article shall be primary during each car sharing period. Provided\nhowever, where: (a) a good faith dispute exists regarding who was in\ncontrol of the vehicle when the loss, death, or injury occurred giving\nrise to such claim or whether the loss, death, or injury occurred\noutside of the car sharing period; and (b) the peer-to-peer car sharing\nprogram administrator does not have available, did not retain, or is\notherwise unable to provide information demonstrating who was in\npossession or control at the time of the loss, death, or injury or\nwhether the loss, death, or injury occurred outside of the car sharing\nperiod, the shared vehicle owner's private motor vehicle insurer shall\nindemnify insurer or insurers providing group liability insurance, to\nthe extent of its obligation under the applicable insurance policy, if\nit is determined that the loss, death, or injury occurred outside of the\npeer-to-peer car sharing period. The peer-to-peer car sharing program\nadministrator shall notify the shared vehicle owner's insurer of any\nsuch dispute within fifteen days of becoming aware that such a dispute\nexists.\n 3. In the event that the shared vehicle owner or the shared vehicle\nowner's personal motor vehicle insurer is named as a defendant in a\ncivil action for a loss, death, or injury that occurs during any time\nwithin the peer-to-peer car sharing period, or otherwise under the\ndirect and immediate control of a peer-to-peer car sharing program, the\npeer-to-peer car sharing program administrator shall have the duty to\ndefend and indemnify the shared vehicle owner and the shared vehicle\nowner's insurer subject to the provisions of this section, section nine\nhundred one of this article and section three thousand four hundred\nfifty-eight of the insurance law.\n 4. A motor vehicle liability insurer who defends or indemnifies a\nclaim against a shared vehicle which is excluded under the terms of its\npolicy shall have the right to seek contribution against the\npeer-to-peer car sharing program administrator's insurer, if the claim\nis made against the shared vehicle owner, the shared vehicle driver or\nauthorized driver for loss, death, or injury which occurs during the car\nsharing period.\n 5. A peer-to-peer car sharing program administrator may contractually\nassume the risk of loss due to physical damage to shared vehicles during\nthe time that such shared vehicles are in the custody of the shared\nvehicle driver or peer-to-peer car sharing program, and that such\nassumption of risk:\n (a) shall not be deemed to be physical damage insurance;\n (b) that the terms of such contractual assumption may provide that the\nprogram assumes the risk of physical damage loss to the vehicle in\nexcess of a sum certain; and\n (c) if the terms of such contractual assumption include a separately\nitemized fee charged to the shared vehicle driver solely for the\ncontractual assumption of the risk of loss due to physical damage, then\nit shall be provided under the terms set forth in this article.\n 6. To the extent not otherwise prohibited by state or federal law, in\na claims coverage investigation, a peer-to-peer car sharing program\nadministrator shall cooperate to facilitate the exchange of relevant\ninformation with directly involved parties and any insurer of a shared\nvehicle owner's or shared vehicle driver's participation in a\npeer-to-peer car sharing program.\n 7. In addition to other remedies available at law, the attorney\ngeneral shall have authority to enforce this article as authorized by\nlaw, including injunctive and other legal and equitable relief for\nnon-compliance by a car sharing program administrator or any other party\nthrough civil proceedings.\n 8. Any provision in a peer-to-peer car sharing agreement designated by\nthe courts of another jurisdiction as the exclusive forum for resolving\ndisputes shall be deemed void as against public policy with respect to\nthe use of a peer-to-peer car sharing program or shared vehicle in this\nstate.\n 9. A peer-to-peer car sharing program administrator shall be deemed to\nhave received notice of injuries to or death of persons or losses of\nproperty covered under the insurance and financial security requirements\nof this article at the earlier of notice received by the peer-to-peer\ncar sharing program administrator or notice received by the shared\nvehicle owner. A shared vehicle owner shall promptly give actual notice\nto the peer-to-peer car sharing program administrator and its insurers,\nincluding notice in the form and manner as required in the peer-to-peer\ncar sharing agreement, of any injuries to or death of persons or losses\nof property potentially covered by insurance maintained by the\npeer-to-peer car sharing program administrator. A peer-to-peer car\nsharing program administrator or its insurers shall be deemed to have\nreceived actual notice when a shared vehicle owner notifies the\npeer-to-peer car sharing program administrator or its insurers when the\nshared vehicle owner provided notice in the form and manner required in\nthe peer-to-peer car sharing agreement.\n 10. For purposes of article fifty-one of the insurance law, 11 NYCRR\nPart 65 and general liability claims, notice to the shared vehicle\nowner, shared vehicle driver, peer-to-peer car sharing program\nadministrator or any insurer of the shared vehicle owner, shared vehicle\ndriver, or peer-to-peer car sharing program administrator of any claim\nshall be deemed notice to all appropriate parties and insurers. Any\nshared vehicle owner, shared vehicle driver, peer-to-peer car sharing\nprogram administrator or any insurer of the shared vehicle owner, shared\nvehicle driver, or peer-to-peer car sharing program administrator\nreceiving such notice shall provide such notice to all appropriate\nparties.\n