Kentucky Statutes 304.39-047 – Definitions for section — Authority to exclude coverage for peer-to-peer car sharing — Right of recovery
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(1) As used in this section, the following have the same meaning as in KRS § 365.520: (a) “Car sharing period”;
(b) “Peer-to-peer car sharing program”; (c) “Shared vehicle”;
(d) “Shared vehicle driver”; and
(e) “Shared vehicle owner.”
(2) An authorized insurer that writes motor vehicle liability insurance in this state may exclude any and all coverage, and the duty to defend or indemnify for any claim afforded, under a shared vehicle owner’s policy for accidents involving the shared vehicle that occur during a car sharing period, including but not limited to:
(a) Security for payment of tort liabilities under KRS § 304.39-110; (b) Uninsured motorist coverage under KRS § 304.20-020;
(c) Underinsured motorist coverage under KRS § 304.39-320; (d) Basic reparation benefits as defined in KRS § 304.39-020; (e) Medical payments coverage;
(f) Comprehensive property damage coverage; and
(g) Collision property damage coverage.
(3) An insurer that defends or indemnifies a claim against a shared vehicle shall have the right to seek recovery against the insurer that issued a motor vehicle liability insurance policy under KRS § 365.522(2) to the peer-to-peer car sharing program if:
(a) The claim is made against the shared vehicle owner or shared vehicle driver for damages that result from an accident occurring during the car sharing period; and
(b) Coverage for the claim is excluded under the terms of the insurer’s policy.
Effective: January 1, 2023
History: Created 2022 Ky. Acts ch. 153, sec. 12, effective January 1, 2023.
(b) “Peer-to-peer car sharing program”; (c) “Shared vehicle”;
Terms Used In Kentucky Statutes 304.39-047
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Motor vehicle: means any vehicle which transports persons or property upon the public highways of the Commonwealth, propelled by other than muscular power except road rollers, road graders, farm tractors, vehicles on which power shovels are mounted, such other construction equipment customarily used only on the site of construction and which is not practical for the transportation of persons or property upon the highways, such vehicles as travel exclusively upon rails, and such vehicles as are propelled by electrical power obtained from overhead wires while being operated within any municipality or where said vehicles do not travel more than five (5) miles beyond the said limits of any municipality. See Kentucky Statutes 304.39-020
- Owner: means a person, other than a lienholder or secured party, who owns or has title to a motor vehicle or is entitled to the use and possession of a motor vehicle subject to a security interest held by another person. See Kentucky Statutes 304.39-020
- Security: means any continuing undertaking complying with this subtitle, for payment of tort liabilities, basic reparation benefits, and all other obligations imposed by this subtitle. See Kentucky Statutes 304.39-020
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(d) “Shared vehicle driver”; and
(e) “Shared vehicle owner.”
(2) An authorized insurer that writes motor vehicle liability insurance in this state may exclude any and all coverage, and the duty to defend or indemnify for any claim afforded, under a shared vehicle owner’s policy for accidents involving the shared vehicle that occur during a car sharing period, including but not limited to:
(a) Security for payment of tort liabilities under KRS § 304.39-110; (b) Uninsured motorist coverage under KRS § 304.20-020;
(c) Underinsured motorist coverage under KRS § 304.39-320; (d) Basic reparation benefits as defined in KRS § 304.39-020; (e) Medical payments coverage;
(f) Comprehensive property damage coverage; and
(g) Collision property damage coverage.
(3) An insurer that defends or indemnifies a claim against a shared vehicle shall have the right to seek recovery against the insurer that issued a motor vehicle liability insurance policy under KRS § 365.522(2) to the peer-to-peer car sharing program if:
(a) The claim is made against the shared vehicle owner or shared vehicle driver for damages that result from an accident occurring during the car sharing period; and
(b) Coverage for the claim is excluded under the terms of the insurer’s policy.
Effective: January 1, 2023
History: Created 2022 Ky. Acts ch. 153, sec. 12, effective January 1, 2023.