A transportation network company and any participating driver shall maintain transportation network company insurance that provides for the following requirements that apply to transportation network company insurance during the passenger on-board stage.

1.    Transportation network company liability insurance is primary and in the amount of one million dollars for death, bodily injury, and property damage. The requirements for the coverage required by this subsection may be satisfied by:

a.    Transportation network company insurance maintained by a participating driver.

b.    Transportation network company insurance maintained by a transportation network company.

c.    Any combination of subdivisions a and b.

2.    Transportation network company insurance coverage provided under this section for uninsured motorist coverage must meet the requirements under section 26.1-40-15.2, which is primary coverage.

3.    Transportation network company insurance coverage provided under this section for underinsured motorist coverage must meet the requirements under section 26.1-40-15.3, which is primary coverage.

4.    Transportation network company insurance coverage must provide primary personal injury protection to drivers, passengers, and pedestrians under chapter 26.1-41.

5.    The primary insurer, in the case of insurance coverage provided under subsection 1, has the sole duty to defend and indemnify the insured.

6.    Coverage under a transportation network company insurance policy may neither be dependent on a driver’s personal automobile insurance policy carrier first denying a claim nor a personal automobile insurance policy carrier being required to first deny a claim.

7.    If transportation network company insurance maintained by a participating driver to fulfill the insurance obligations of this section has excluded coverage according to its policy or ceased to exist, the transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim.