13-51-108. Insurance.
| (1) |
A transportation network company or a transportation network driver shall maintain insurance that covers, on a primary basis, a transportation network driver’s use of a vehicle during a prearranged ride and that includes:
Terms Used In Utah Code 13-51-108- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Dependent: A person dependent for support upon another.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
| (a) |
an acknowledgment that the transportation network driver is using the vehicle in connection with a transportation network company during a prearranged ride or that the transportation network driver is otherwise using the vehicle for a commercial purpose; |
| (b) |
liability coverage for a minimum amount of $1,000,000 per occurrence; |
| (d) |
uninsured motorist coverage where required by Section 31A-22-305; and |
| (e) |
underinsured motorist coverage where required by Section 31A-22-305.3. |
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| (2) |
A transportation network company or a transportation network driver shall maintain insurance that covers, on a primary basis, a transportation network driver’s use of a vehicle during a waiting period and that includes:
| (a) |
an acknowledgment that the transportation network driver is using the vehicle in connection with a transportation network company during a waiting period or that the transportation network driver is otherwise using the vehicle for a commercial purpose; |
| (b) |
liability coverage in a minimum amount, per occurrence, of:
| (i) |
$50,000 to any one individual; |
| (ii) |
$100,000 to all individuals; and |
| (iii) |
$30,000 for property damage; |
|
| (d) |
uninsured motorist coverage where required by Section 31A-22-305; and |
| (e) |
underinsured motorist coverage where required by Section 31A-22-305.3. |
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| (3) |
A transportation network company and a transportation network driver may satisfy the requirements of Subsections (1) and (2) by:
| (a) |
the transportation network driver purchasing coverage that complies with Subsections (1) and (2); |
| (b) |
the transportation network company purchasing, on the transportation network driver’s behalf, coverage that complies with Subsections (1) and (2); or |
| (c) |
a combination of Subsections (3)(a) and (b). |
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| (4) |
An insurer may offer to a transportation network driver a personal automobile liability insurance policy, or an amendment or endorsement to a personal automobile liability policy, that:
| (a) |
covers a private passenger motor vehicle while used to provide transportation network services; and |
| (b) |
satisfies the coverage requirements described in Subsection (1) or (2). |
|
| (5) |
Nothing in this section requires a personal automobile insurance policy to provide coverage while a driver is providing transportation network services. |
| (6) |
If a transportation network company does not purchase a policy that complies with Subsections (1) and (2) on behalf of a transportation network driver, the transportation network company shall verify that the driver has purchased a policy that complies with Subsections (1) and (2). |
| (7) |
An insurance policy that a transportation network company or a transportation network driver maintains under Subsection (1) or (2):
| (a) |
satisfies the security requirements of Section 41-12a-301; and |
| (b) |
may be placed with:
| (i) |
an insurer that is certified under Section 31A-4-103; or |
| (ii) |
a surplus lines insurer eligible under Section 31A-15-103. |
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| (8) |
An insurer that provides coverage for a transportation network driver explicitly for the transportation network driver’s transportation network services under Subsection (1) or (2) shall have the duty to defend a liability claim arising from an occurrence while the transportation network driver is providing transportation network services. |
| (9) |
If insurance a transportation network driver maintains under Subsection (1) or (2) lapses or ceases to exist, a transportation network company shall provide coverage complying with Subsection (1) or (2) beginning with the first dollar of a claim. |
| (10) |
| (a) |
An insurance policy that a transportation network company or transportation network driver maintains under Subsection (1) or (2) may not provide that coverage is dependent on a transportation network driver’s personal automobile insurance policy first denying a claim. |
| (b) |
Subsection (10)(a) does not apply to coverage a transportation network company provides under Subsection (9) in the event a transportation network driver’s coverage under Subsection (1) or (2) lapses or ceases to exist. |
|
| (11) |
A personal automobile insurer:
| (a) |
notwithstanding Section 31A-22-302, may offer a personal automobile liability policy that excludes coverage for a loss that arises from the use of the insured vehicle to provide transportation network services; and |
| (b) |
does not have the duty to defend or indemnify a loss if an exclusion described in Subsection (11)(a) excludes coverage according to the policy’s terms. |
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Amended by Chapter 138, 2016 General Session
Amended by Chapter 359, 2016 General Session
