26.1-40.2-04. Exclusions in motor vehicle liability insurance policies

26.1-40.2-04. Exclusions in motor vehicle liability insurance policies 1. An authorized insurer that writes motor vehicle liability insurance in the state may exclude any and all coverage and the duty to defend or indemnify for any injury or loss occurring during the delivery available period and the delivery service period, including: a. Liability coverage for bodily injury and property damage; b. Personal injury protection coverage under chapter 26.1-41; c. Uninsured and underinsured motorist coverage; d. Medical payments coverage; e. Comprehensive physical damage coverage; and f. Collision physical damage coverage. 2. This chapter does not: a. Invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use which excludes coverage for motor vehicles used for delivery or for any business use. b. Invalidate, limit, or restrict an insurer's ability to underwrite any insurance policy. c. Invalidate, limit, or restrict an insurer's ability to cancel and nonrenew policies. 3. A motor vehicle liability insurer that defends or indemnifies a claim against a delivery network driver who is excluded under the terms of the insurer's policy may seek recovery against the insurer providing coverage under subsections 1 and 2 of section 26.1-40.2-03 if the claim: a. Occurs during the delivery available period or the delivery service period; and b. Is excluded under the terms of its policy.