1. (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:

   1. (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;
   2. (b) liability coverage for a minimum amount of $1,000,000 per occurrence;
   3. (c) personal injury protection to the extent required under Sections 31A-22-306 through 31A-22-309;
   4. (d) uninsured motorist coverage where required by Section 31A-22-305; and
   5. (e) underinsured motorist coverage where required by Section 31A-22-305.3.

2. (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:

   1. (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;

   2. (b) liability coverage in a minimum amount, per occurrence, of:

      1. (i) $50,000 to any one individual;
      2. (ii) $100,000 to all individuals; and
      3. (iii) $30,000 for property damage;
   3. (c) personal injury protection to the extent required under Sections 31A-22-306 through 31A-22-309;
   4. (d) uninsured motorist coverage where required by Section 31A-22-305; and
   5. (e) underinsured motorist coverage where required by Section 31A-22-305.3.

3. (3) A transportation network company and a transportation network driver may satisfy the requirements of Subsections (1) and (2) by:

   1. (a) the transportation network driver purchasing coverage that complies with Subsections (1) and (2);
   2. (b) the transportation network company purchasing, on the transportation network driver's behalf, coverage that complies with Subsections (1) and (2); or
   3. (c) a combination of Subsections (3)(a) and (b).

4. (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:

   1. (a) covers a private passenger motor vehicle while used to provide transportation network services; and
   2. (b) satisfies the coverage requirements described in Subsection (1) or (2).
5. (5) Nothing in this section requires a personal automobile insurance policy to provide coverage while a driver is providing transportation network services.
6. (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. (7) An insurance policy that a transportation network company or a transportation network driver maintains under Subsection (1) or (2):

   1. (a) satisfies the security requirements of Section 41-12a-301; and

   2. (b) may be placed with:

      1. (i) an insurer that is certified under Section 31A-4-103; or
      2. (ii) a surplus lines insurer eligible under Section 31A-15-103.
8. (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. (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. (10)

    1. (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.
    2. (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. (11) A personal automobile insurer:

    1. (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
    2. (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.

Amended by Chapter 138, 2016 General Session