(a) An insurer or peer-to-peer car sharing program providing coverage under § 113.0052(a) shall assume primary liability for a claim when:
(1) a dispute exists as to who was in control of the shared vehicle at the time of the loss and the program does not have available, did not retain, or fails to provide the information required by § 113.0103; or
(2) a dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location described by § 113.0001(10)(B).
(b) If, at the time of a claim, the automobile insurance maintained by an owner or driver has lapsed or does not provide the coverage required under this subchapter, insurance maintained by a peer-to-peer car sharing program shall provide the coverage beginning with the first dollar of a claim and the program shall defend the claim.

(c) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program may not be dependent on another automobile insurer first denying a claim. Another automobile insurance policy is not required to first deny a claim.