Legislation
SECTION 3459
Car share exclusions for motor vehicle insurance policies
Insurance (ISC) CHAPTER 28, ARTICLE 34
§ 3459. Car share exclusions for motor vehicle insurance policies. (a)
The definitions set forth in section three thousand four hundred
fifty-eight of this article shall apply to this section.
(b) Notwithstanding any other provision of law to the contrary, the
shared vehicle owner's policy of liability insurance or other motor
vehicle insurance may exclude any and all coverage afforded under the
policy issued to the shared vehicle owner for any loss, death, or injury
that occurs during the car sharing period including:
(1) liability coverage for bodily injury and property damage;
(2) coverage provided pursuant to article fifty-one of this chapter;
(3) uninsured motorist coverage;
(4) supplementary uninsured/underinsured motorist coverage; and
(5) motor vehicle physical damage coverage as described in paragraph
nineteen of subsection (a) of section one thousand one hundred thirteen
of this chapter.
(c) The shared vehicle owner's motor vehicle insurer shall notify the
shared vehicle owner that there is no duty to defend or indemnify any
person or entity for the liability for any loss, death, or injury that
shall occur during the peer-to-peer car sharing period.
(d) Nothing in this article shall invalidate or limit an exclusion
contained in a motor vehicle insurance policy, including any insurance
policy in use or approved for use that shall exclude coverage for motor
vehicles made available for rent, sharing, hire or any business use.
The definitions set forth in section three thousand four hundred
fifty-eight of this article shall apply to this section.
(b) Notwithstanding any other provision of law to the contrary, the
shared vehicle owner's policy of liability insurance or other motor
vehicle insurance may exclude any and all coverage afforded under the
policy issued to the shared vehicle owner for any loss, death, or injury
that occurs during the car sharing period including:
(1) liability coverage for bodily injury and property damage;
(2) coverage provided pursuant to article fifty-one of this chapter;
(3) uninsured motorist coverage;
(4) supplementary uninsured/underinsured motorist coverage; and
(5) motor vehicle physical damage coverage as described in paragraph
nineteen of subsection (a) of section one thousand one hundred thirteen
of this chapter.
(c) The shared vehicle owner's motor vehicle insurer shall notify the
shared vehicle owner that there is no duty to defend or indemnify any
person or entity for the liability for any loss, death, or injury that
shall occur during the peer-to-peer car sharing period.
(d) Nothing in this article shall invalidate or limit an exclusion
contained in a motor vehicle insurance policy, including any insurance
policy in use or approved for use that shall exclude coverage for motor
vehicles made available for rent, sharing, hire or any business use.