26.1-40.1-04. Insurance coverage during the application on stage with no passengers in vehicle

26.1-40.1-04. Insurance coverage during the application on stage with no passengers in vehicle. 1. During the application on stage and during the engaged stage, the transportation network company insurance must include: a. Motor vehicle liability coverage that is primary coverage. The coverage must include at least fifty thousand dollars per person and one hundred thousand dollars per incident for death and bodily injury and at least twenty-five thousand dollars for property damage. b. Uninsured motorist coverage under section 26.1-40-15.2 which is primary coverage. c. Underinsured motorist coverage under section 26.1-40-15.3 which is primary coverage. d. Personal injury protection under chapter 26.1-41 which is primary coverage. 2. The requirements for coverage under this section may be satisfied by: a. Transportation network company insurance maintained by a participating driver; b. Transportation network company insurance maintained by a transportation network company; or c. Any combination of subdivisions a and b. 3. The following apply to insurance requirements under this section: a. The primary insurer, in the case of insurance coverage provided under subdivision a of subsection 1, has the sole duty to defend and indemnify the insured. b. Coverage under a transportation network company insurance policy may neither be dependent on a driver's personal automobile insurance policy carrier first denying a claim nor a personal automobile insurance policy carrier being required to first deny a claim. c. If transportation network company insurance maintained by a participating driver to fulfill the insurance obligations of this section has excluded coverage according to its policy or ceased to exist, the transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim.