Exclusions — Claim investigations

  1. Law
  2. Arkansas Code
  3. Public Utilities and Regulated Industries
  4. Public Utilities And Carriers
  5. Motor Carriers
  6. Transportation Network Company Services Act
  7. Exclusions — Claim investigations

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  1. (a)

    1. (1) A private passenger motor vehicle liability insurance policy may exclude coverage against all loss from liability imposed by law for damages arising out of the ownership, maintenance, or use of a motor vehicle:

      1. (A) While the motor vehicle is being used to provide transportation network company services; and

      2. (B) While a transportation network company driver is logged on to the transportation network company's website, digital network, or software application.

    2. (2) An exclusion of coverage under subdivision (a)(1) of this section may apply to any coverage included in a private passenger motor vehicle liability insurance policy, including without limitation:

      1. (A) Liability coverage for bodily injury and property damage;

      2. (B) Uninsured and underinsured motorist coverage;

      3. (C) Medical payments coverage;

      4. (D) Comprehensive physical damage coverage;

      5. (E) Collision physical damage coverage; and

      6. (F) Coverage under § 23-89-202.

  2. (b) A private passenger motor vehicle liability insurer that properly excludes coverage under subsection (a) of this section does not have a duty to defend or indemnify a loss.

  3. (c) The failure to pay or receive a suggested donation set by a transportation network company does not constitute the charitable carrying or transportation of persons.

  4. (d) In a claims coverage investigation, a transportation network company and its insurer shall:

    1. (1) Cooperate with the private passenger motor vehicle liability insurer that insures the motor vehicle that the transportation company network driver uses to provide transportation network company services; and

    2. (2) Within ten (10) business days of receiving a request for information from a private passenger motor vehicle liability insurer, provide to the private passenger motor vehicle liability insurer information, including the precise times that a transportation network company driver logged on and off of the transportation network company's website, digital network, or software application within the twenty-four (24) hours immediately preceding the accident being investigated.


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