§ 1695 — Insurance provisions

§ 1695. Insurance provisions. 1. Insurers that write motor vehicle\ninsurance in this state may, in the insurance policy, exclude any and\nall coverage afforded under the policy issued to an owner or operator of\na TNC vehicle for any loss or injury that occurs while a TNC driver is\nlogged on to a TNC's digital network or while a driver provides a TNC\nprearranged trip, including:\n (a) liability coverage for bodily injury and property damage;\n (b) coverage provided pursuant to article fifty-one of the insurance\nlaw;\n (c) uninsured motorist coverage;\n (d) supplementary uninsured/underinsured motorist coverage; and\n (e) motor vehicle physical damage coverage as described in paragraph\nnineteen of subsection (a) of section one thousand one hundred thirteen\nof the insurance law.\n 2. Such exclusions shall apply notwithstanding any requirement under\nthe law to the contrary. Nothing in this section implies or requires\nthat an owner's policy of liability insurance or other motor vehicle\ninsurance policy provide coverage while the TNC driver is logged on to\nthe TNC's digital network, while the TNC driver is engaged in a TNC\nprearranged trip or while the TNC driver otherwise uses or operates a\nTNC vehicle to transport passengers for compensation.\n 3. Nothing shall be deemed to preclude an insurer from providing\nprimary, excess, or umbrella coverage for the TNC driver's TNC vehicle,\nif it chose to do so by contract or endorsement.\n 4. Motor vehicle insurers that exclude the coverage described in this\narticle shall have no duty to defend or indemnify any claim expressly\nexcluded thereunder. Nothing in this article shall be deemed to\ninvalidate or limit an exclusion contained in a policy including any\npolicy in use or approved for use in this state prior to the effective\ndate of this section.\n 5. A motor vehicle insurer that defends or indemnifies a claim against\na TNC driver that is excluded under the terms of its policy shall have a\nright of contribution against other insurers that provide motor vehicle\ninsurance to the same driver in satisfaction of the coverage\nrequirements of the provisions of this article.\n 6. In a claims coverage investigation, a TNC and any insurer providing\ncoverage under this article shall, within fifteen days after a claim has\nbeen filed, facilitate the exchange of relevant information with\ndirectly involved parties and any insurer of the TNC driver if\napplicable, including the precise times that a TNC driver logged on and\noff of the TNC's digital network in the twelve hour period immediately\npreceding and in the twelve hour period immediately following the\naccident and disclose to one another a clear description of the\ncoverage, exclusions and limits provided under any motor vehicle\ninsurance maintained under this article.\n 7. The superintendent of financial services may promulgate such rules\nand regulations that the superintendent deems necessary to facilitate\nthe sharing of information between insurers, when a motor vehicle\naccident occurs and at least one of the insurers is providing financial\nresponsibility coverage to a TNC vehicle pursuant to this article.\n 8. The commissioner shall provide relevant insurance coverage\ninformation required by this article to the following persons upon\nrequest:\n (a) a person to whom an accident report pertains or who is named in\nsuch report, or his or her authorized representative; and\n (b) any other person or his or her authorized representative who has\ndemonstrated to the satisfaction of the commissioner that such person is\nor may be a party to a civil action arising out of the conduct described\nin such accident report.\n