Minnesota Session Laws - 2015, Regular Session

CHAPTER 48--S.F.No. 1679

An act

relating to auto insurance; providing transportation network financial responsibility;

amending Minnesota Statutes 2014, section 65B.64, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 65B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [65B.472] TRANSPORTATION NETWORK FINANCIAL RESPONSIBILITY. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) Unless a different meaning is expressly made applicable, the terms defined in paragraphs (b) through (g) have the meanings given them for the purposes of this chapter. new text end

new text begin (b) A "digital network" means any online-enabled application, software, Web site, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers. new text end

new text begin (c) A "personal vehicle" means a vehicle that is used by a transportation network company driver in connection with providing a prearranged ride and is: new text end

new text begin (1) owned, leased, or otherwise authorized for use by the transportation network company driver; and new text end

new text begin (2) not a taxicab, limousine, or for-hire vehicle. new text end

new text begin (d) A "prearranged ride" means the provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include transportation provided using a taxicab, limousine, or other for-hire vehicle. new text end

new text begin (e) A "transportation network company" means a corporation, partnership, sole proprietorship, or other entity that is operating in Minnesota that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. new text end

new text begin (f) A "transportation network company driver" or "driver" means an individual who: new text end

new text begin (1) receives connections to potential riders and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and new text end

new text begin (2) uses a personal vehicle to provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee. new text end

new text begin (g) A "transportation network company rider" or "rider" means an individual or persons who use a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's new text end new text begin personal vehicle between points chosen by the rider. new text end

new text begin Subd. 2. new text end

new text begin Maintenance of transportation network financial responsibility. new text end

new text begin (a) A transportation network company driver or transportation network company on the driver's behalf shall maintain primary automobile insurance that recognizes that the driver is a transportation network company driver or otherwise uses a vehicle to transport passengers for compensation and covers the driver: new text end

new text begin (1) while the driver is logged on to the transportation network company's digital network; or new text end

new text begin (2) while the driver is engaged in a prearranged ride. new text end

new text begin (b) The following automobile insurance requirements apply while a participating transportation network company driver is logged on to the transportation network company's digital network and is available to receive transportation requests but is not engaged in a prearranged ride: new text end

new text begin (1) primary coverage insuring against loss resulting from liability imposed by law for injury and property damage, including the requirements of section 65B.49, subdivision 3, in the amount of not less than $50,000 because of death or bodily injury to one person in any accident, $100,000 because of death or bodily injury to two or more persons in any accident, and $30,000 for injury to or destruction of property of others in any one accident; new text end

new text begin (2) security for the payment of basic economic loss benefits where required by section 65B.44 pursuant to the priority requirements of section 65B.47. A transportation network company and a transportation network company driver, during the period set forth in this paragraph, are deemed to be in the business of transporting persons for purposes of section 65B.47, subdivision 1, and the insurance required under this subdivision shall be deemed to cover the vehicle during the period set forth in this paragraph; new text end

new text begin (3) primary uninsured motorist coverage and primary underinsured motorist coverage where required by section 65B.49, subdivisions 3a and 4a; and new text end

new text begin (4) the coverage requirements of this subdivision may be satisfied by any of the following: new text end

new text begin (i) automobile insurance maintained by the transportation network company driver; new text end

new text begin (ii) automobile insurance maintained by the transportation network company; or new text end

new text begin (iii) any combination of items (i) and (ii). new text end

new text begin (c) The following automobile insurance requirements apply while a transportation network company driver is engaged in a prearranged ride: new text end

new text begin (1) primary coverage insuring against loss resulting from liability imposed by law for injury and property damage, including the requirements of section 65B.49, in the amount of not less than $1,500,000 for death, injury, or destruction of property of others; new text end

new text begin (2) security for the payment of basic economic loss benefits where required by section 65B.44 pursuant to the priority requirements of section 65B.47. A transportation network company and a transportation network company driver, during the period set forth in this paragraph, are deemed to be in the business of transporting persons for purposes of section 65B.47, subdivision 1, and the insurance required under this subdivision shall be deemed to cover the vehicle during the period set forth in this paragraph; new text end

new text begin (3) primary uninsured motorist coverage and primary underinsured motorist coverage where required by section 65B.49, subdivisions 3a and 4a; and new text end

new text begin (4) the coverage requirements of this subdivision may be satisfied by any of the following: new text end

new text begin (i) automobile insurance maintained by the transportation network company driver; new text end

new text begin (ii) automobile insurance maintained by the transportation network company; or new text end

new text begin (iii) any combination of items (i) and (ii). new text end

new text begin (d) If insurance maintained by the driver in paragraph (b) or (c) has lapsed or does not provide the required coverage, insurance maintained by a transportation network company shall provide the coverage required by this subdivision beginning with the first dollar of a claim and have the duty to defend the claim. new text end

new text begin (e) Coverage under an automobile insurance policy maintained by the transportation network company shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim. new text end

new text begin (f) Insurance required by this subdivision must satisfy the requirements of chapter 60A. new text end

new text begin (g) Insurance satisfying the requirements of this subdivision shall be deemed to satisfy the financial responsibility requirements under the Minnesota No-Fault Automobile Insurance Act, sections 65B.41 to 65B.71. new text end

new text begin (h) A transportation network company driver shall carry proof of coverage satisfying paragraphs (b) and (c) at all times during the driver's use of a vehicle in connection with a transportation network company's digital network. In the event of an accident, a transportation network company driver shall provide this insurance coverage information to the directly interested parties, automobile insurers, and investigating police officers upon request pursuant to section 65B.482, subdivision 1. Upon such request, a transportation network company driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers whether the driver was logged on to the transportation network company's digital network or on a prearranged ride at the time of an accident. new text end

new text begin Subd. 3. new text end

new text begin Disclosure to transportation network company drivers. new text end

new text begin The transportation network company shall disclose in writing to transportation network company drivers the following before they are allowed to accept a request for a prearranged ride on the transportation network company's digital network: new text end

new text begin (1) the insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company's digital network; new text end

new text begin (2) that the transportation network company driver's own automobile insurance policy might not provide any coverage while the driver is logged on to the transportation network company's digital network and is available to receive transportation requests or is engaged in a prearranged ride depending on its terms; and new text end

new text begin (3) that using a vehicle with a lien against the vehicle to provide transportation network services may violate the transportation network driver's contract with the lienholder. new text end

new text begin Subd. 4. new text end

new text begin Automobile insurance provisions. new text end

new text begin (a) Insurers that write automobile insurance in Minnesota may exclude any and all coverage afforded under the owner's insurance policy 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: new text end

new text begin (1) liability coverage for bodily injury and property damage; new text end

new text begin (2) uninsured and underinsured motorist coverage; new text end

new text begin (3) basic economic loss benefits as defined under section 65B.44; new text end

new text begin (4) medical payments coverage; new text end

new text begin (5) comprehensive physical damage coverage; and new text end

new text begin (6) collision physical damage coverage. new text end

new text begin These exclusions apply notwithstanding any requirement under the Minnesota No-Fault Automobile Insurance Act, sections 65B.41 to 65B.71. 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. new text end

new text begin Nothing in this section shall be deemed to preclude an insurer from providing coverage for the transportation network company driver's vehicle, if it so chooses to do so by contract or endorsement. new text end

new text begin (b) Automobile insurers that exclude coverage as permitted in paragraph (a) shall have no duty to defend or indemnify any claim expressly excluded thereunder. Nothing in this section shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use in Minnesota prior to the enactment of this section that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public. new text end

new text begin (c) An automobile insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy as permitted in paragraph (a) shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of subdivision 2 at the time of loss. new text end

new text begin (d) In a claims coverage investigation, transportation network companies and any insurer potentially providing coverage under subdivision 2 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 12-hour period immediately preceding and in the 12-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 subdivision 2. new text end

Sec. 2.

Minnesota Statutes 2014, section 65B.64, subdivision 2, is amended to read:

Subd. 2.

Indemnification and subrogation rights.

If a claim qualifies for assignment under subdivision 1, the assigned claims bureau or any reparation obligor to whom the claim is assigned shall have the right to seek indemnification from an uninsured tortfeasor. Except as otherwise provided in section 340A.801, subdivision 4, the reparation obligor to whom the claim is assigned shall further be subrogated to all of the rights of the claimant against any person for economic loss benefits provided by the obligor to whom the claim was assigned new text begin , including a transportation network company or participating driver required to provide basic economic loss benefits pursuant to section 65B.472 new text end .

Sec. 3.

new text begin EFFECTIVE DATE. new text end

new text begin This act is effective July 1, 2015. new text end

Presented to the governor May 15, 2015

Signed by the governor May 19, 2015, 3:50 p.m.