Louisiana Revised Statutes 45:201.7 – 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 lo
Terms Used In Louisiana Revised Statutes 45:201.7
- Bodily injury: means claims for general and special damages for personal injury arising under Civil Code Article 2315. See Louisiana Revised Statutes 45:201.4
- Contract: A legal written agreement that becomes binding when signed.
- Digital network: means any online-enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers. See Louisiana Revised Statutes 45:201.4
- driver: means a person who receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company, and who uses a personal vehicle to offer or provide a prearranged ride to persons upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee. See Louisiana Revised Statutes 45:201.4
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal vehicle: means a vehicle that is used by a transportation network company driver and is owned, leased, or otherwise authorized for use by the transportation network company driver. See Louisiana Revised Statutes 45:201.4
- Pre-trip acceptance period: means any period of time during which a driver is logged on to the transportation network company's digital network and is available to receive transportation requests but is not engaged in a prearranged ride as defined in Paragraph (4) of this Section. See Louisiana Revised Statutes 45:201.4
- Prearranged ride: means the provision of transportation by a driver to a rider that commences when a driver accepts a ride requested by a person through a digital network controlled by a transportation network company, continues during the driver transporting a requesting rider, and ends when the last requesting rider departs from the personal vehicle. See Louisiana Revised Statutes 45:201.4
- Transportation network company: means a person, whether natural or juridical, that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides, or a person, whether natural or juridical, that provides a technology platform to a transportation network company rider that enables the transportation network company rider to schedule a prearranged ride. See Louisiana Revised Statutes 45:201.4
- Vehicle: means every device by which any person or property is transported upon the highways of this state, except devices moved by animal power or exclusively upon stationary rails or tracks. See Louisiana Revised Statutes 45:162
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, La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 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.
Acts 2015, No. 266, §1, eff. Jan. 1, 2016.