§ 902. Program liability. 1. Notwithstanding any other provision of
law, or any provision in a shared vehicle owner's policy of motor
vehicle liability insurance, in the event of a loss, death, or injury
that shall occur during the peer-to-peer car sharing period, the
peer-to-peer car sharing program insurers providing coverages under
section nine hundred one of this article shall provide financial
responsibility for any bodily injury, death, or damage to property in
amounts not to exceed those stated in the peer-to-peer car sharing
program agreement and not less than those amounts required in section
nine hundred one of this article, and the peer-to-peer car sharing
administrator shall retain such liability irrespective of a lapse in the
group policy or any other insurance policy or financial security
maintained by the administrator.

2. The insurer or insurers providing group liability insurance to the
peer-to-peer car sharing program pursuant to section nine hundred one of
this article shall be primary during each car sharing period. Provided
however, where: (a) a good faith dispute exists regarding who was in
control of the vehicle when the loss, death, or injury occurred giving
rise to such claim or whether the loss, death, or injury occurred
outside of the car sharing period; and (b) the peer-to-peer car sharing
program administrator does not have available, did not retain, or is
otherwise unable to provide information demonstrating who was in
possession or control at the time of the loss, death, or injury or
whether the loss, death, or injury occurred outside of the car sharing
period, the shared vehicle owner's private motor vehicle insurer shall
indemnify insurer or insurers providing group liability insurance, to
the extent of its obligation under the applicable insurance policy, if
it is determined that the loss, death, or injury occurred outside of the
peer-to-peer car sharing period. The peer-to-peer car sharing program
administrator shall notify the shared vehicle owner's insurer of any
such dispute within fifteen days of becoming aware that such a dispute
exists.

3. In the event that the shared vehicle owner or the shared vehicle
owner's personal motor vehicle insurer is named as a defendant in a
civil action for a loss, death, or injury that occurs during any time
within the peer-to-peer car sharing period, or otherwise under the
direct and immediate control of a peer-to-peer car sharing program, the
peer-to-peer car sharing program administrator shall have the duty to
defend and indemnify the shared vehicle owner and the shared vehicle
owner's insurer subject to the provisions of this section, section nine
hundred one of this article and section three thousand four hundred
fifty-eight of the insurance law.

4. A motor vehicle liability insurer who defends or indemnifies a
claim against a shared vehicle which is excluded under the terms of its
policy shall have the right to seek contribution against the
peer-to-peer car sharing program administrator's insurer, if the claim
is made against the shared vehicle owner, the shared vehicle driver or
authorized driver for loss, death, or injury which occurs during the car
sharing period.

5. A peer-to-peer car sharing program administrator may contractually
assume the risk of loss due to physical damage to shared vehicles during
the time that such shared vehicles are in the custody of the shared
vehicle driver or peer-to-peer car sharing program, and that such
assumption of risk:

(a) shall not be deemed to be physical damage insurance;

(b) that the terms of such contractual assumption may provide that the
program assumes the risk of physical damage loss to the vehicle in
excess of a sum certain; and

(c) if the terms of such contractual assumption include a separately
itemized fee charged to the shared vehicle driver solely for the
contractual assumption of the risk of loss due to physical damage, then
it shall be provided under the terms set forth in this article.

6. To the extent not otherwise prohibited by state or federal law, in
a claims coverage investigation, a peer-to-peer car sharing program
administrator shall cooperate to facilitate the exchange of relevant
information with directly involved parties and any insurer of a shared
vehicle owner's or shared vehicle driver's participation in a
peer-to-peer car sharing program.

7. In addition to other remedies available at law, the attorney
general shall have authority to enforce this article as authorized by
law, including injunctive and other legal and equitable relief for
non-compliance by a car sharing program administrator or any other party
through civil proceedings.

8. Any provision in a peer-to-peer car sharing agreement designated by
the courts of another jurisdiction as the exclusive forum for resolving
disputes shall be deemed void as against public policy with respect to
the use of a peer-to-peer car sharing program or shared vehicle in this
state.

9. A peer-to-peer car sharing program administrator shall be deemed to
have received notice of injuries to or death of persons or losses of
property covered under the insurance and financial security requirements
of this article at the earlier of notice received by the peer-to-peer
car sharing program administrator or notice received by the shared
vehicle owner. A shared vehicle owner shall promptly give actual notice
to the peer-to-peer car sharing program administrator and its insurers,
including notice in the form and manner as required in the peer-to-peer
car sharing agreement, of any injuries to or death of persons or losses
of property potentially covered by insurance maintained by the
peer-to-peer car sharing program administrator. A peer-to-peer car
sharing program administrator or its insurers shall be deemed to have
received actual notice when a shared vehicle owner notifies the
peer-to-peer car sharing program administrator or its insurers when the
shared vehicle owner provided notice in the form and manner required in
the peer-to-peer car sharing agreement.

10. For purposes of article fifty-one of the insurance law, 11 NYCRR
Part 65 and general liability claims, notice to the shared vehicle
owner, shared vehicle driver, peer-to-peer car sharing program
administrator or any insurer of the shared vehicle owner, shared vehicle
driver, or peer-to-peer car sharing program administrator of any claim
shall be deemed notice to all appropriate parties and insurers. Any
shared vehicle owner, shared vehicle driver, peer-to-peer car sharing
program administrator or any insurer of the shared vehicle owner, shared
vehicle driver, or peer-to-peer car sharing program administrator
receiving such notice shall provide such notice to all appropriate
parties.