Insurers’ Authority to Exclude TNC Activity from Coverage

Insurers’ Authority to Exclude TNC Activity from Coverage (1) Insurers that write automobile insurance in Mississippi may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a transportation network company's digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in an automobile insurance policy including, but not limited to: (a) Liability coverage for bodily injury and property damage; (b) Uninsured and underinsured motorist coverage; (c) Medical payments coverage; (d) Comprehensive physical damage coverage; and (e) Collision physical damage coverage. (2) The exclusions provided for in subsection (1) of this section shall apply notwithstanding any requirement under the Mississippi Motor Vehicle Safety Responsibility Law Section, Miss. Code § 63-15-1 et seq. Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while the driver is logged on to the transportation network company's digital network, while the driver is engaged in a prearranged ride or while the driver otherwise uses a vehicle to transport passengers for compensation. Nothing shall preclude an insurer from providing coverage for the transportation network company driver's vehicle, if it chooses to do so by contract or endorsement. (3) Automobile insurers that exclude the coverage described in Mississippi House Bill No. 1381, 2016 Regular Legislative Session, shall have no duty to defend or indemnify any claim expressly excluded. Nothing in this act shall invalidate or limit an exclusion contained in a policy including any policy in use or approved for use in Mississippi prior to the effective date of this act that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public. An automobile insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy, shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of Mississippi House Bill No. 1381, 2016 Regular Legislative Session, at the time of loss. (4) In a claims coverage investigation, transportation network companies and any insurer providing coverage under Mississippi House Bill No. 1381, 2016 Regular Legislative Session, shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of the transportation network company driver if applicable, including the precise times that a transportation network company driver logged on and off of the transportation network company's digital network in the twelve-hour period immediately preceding and in the twelve-hour period immediately following the accident and disclose to one another a clear description of the coverage, exclusions and limits provided under any automobile insurance maintained under Mississippi House Bill No. 1381, 2016 Regular Legislative Session and Rule 1.11 of these regulations.