* § 3459. Car share exclusions for personal motor vehicle liability insurance policies. (a) The definitions set forth in section three thousand four hundred fifty-seven of this article shall apply to this section.
(b) Notwithstanding any other provision of law to the contrary, the shared vehicle owner's personal motor vehicle insurer may exclude any and all coverage afforded under the policy issued to the shared vehicle owner for any loss 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 personal motor vehicle insurer shall notify the shared vehicle owner that there is no duty to defend or indemnify any person or organization for the liability for any loss 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 liability 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. * NB Effective March 22, 2022