2015 Utah Code
Title 13 - Commerce and Trade
Chapter 51 - Transportation Network Company Registration Act
Section 108 - Insurance.

Effective 5/12/2015
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:
  • (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;
  • (c) personal injury protection to the extent required under Sections 31A-22-306 through 31A-22-309;
  • (d) uninsured motorist coverage where required by Section 31A-22-305; and
  • (e) underinsured motorist coverage where required by Section 31A-22-305.3.

• (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;
  • (c) personal injury protection to the extent required under Sections 31A-22-306 through 31A-22-309;
  • (d) uninsured motorist coverage where required by Section 31A-22-305; and
  • (e) underinsured motorist coverage where required by Section 31A-22-305.3.

• (3) A transportation network company or a transportation network driver shall maintain comprehensive and collision insurance that covers, on a primary or contingent basis, a transportation network driver's use of a vehicle while providing transportation network services, and that includes:
  • (a) an acknowledgment that the transportation network driver is using the vehicle in connection with a transportation network company during a prearranged ride or waiting period, or that the transportation network driver is otherwise using the vehicle for a commercial purpose; and
  • (b) coverage limits that are at least equal to such coverage limits, if any, for the personal automobile insurance maintained by the vehicle's owner and reported to the transportation network company.

• (4) A transportation network company and a transportation network driver may satisfy the requirements of Subsections (1), (2), and (3) by:
  • (a) the transportation network driver purchasing coverage that complies with Subsections (1), (2), and (3);
  • (b) the transportation network company purchasing, on the transportation network driver's behalf, coverage that complies with Subsections (1), (2), and (3); or
  • (c) a combination of Subsections (4)(a) and (b).

• (5) 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), (2), or (3).

• (6) Nothing in this section requires a personal automobile insurance policy to provide coverage while a driver is providing transportation network services.

• (7) If a transportation network company does not purchase a policy that complies with Subsections (1), (2), and (3) 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), (2), and (3).

• (8) 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, along with insurance maintained under Subsection (3), be placed with:
    • (i) an insurer that is certified under Section 31A-4-103; or
    • (ii) a surplus lines insurer licensed under Section 31A-23a-104.

• (9) 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.

• (10)
  • (a) If insurance a transportation network driver maintains under Subsection (1), (2), or (3) lapses or ceases to exist, a transportation network company shall provide coverage complying with Subsection (1), (2), or (3) beginning with the first dollar of a claim.
  • (b) Subsection (10)(a) does not apply to comprehensive or collision insurance otherwise required under Subsection (3) if, at the time of a claim for damage to a vehicle being used to provide transportation network services, there is no outstanding lien on the vehicle.

• (11)
  • (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 (11)(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.

• (12) 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 (12)(a) excludes coverage according to the policy's terms.

Enacted by Chapter 244, 2015 General Session
Amended by Chapter 244, 2015 General Session, (Coordination Clause)

Coordination clause direction to renumber and modify language.