(a) An insurer that writes automobile liability insurance in this state may exclude any and all coverage and the duty to defend or indemnify for any loss or injury that occurs during the delivery availability period and the delivery service period. The right to exclude coverage and the duty to indemnify and defend may apply to any coverage included in an automobile liability insurance policy, including:(1) Liability coverage for bodily injury and property damage;(2) Uninsured and underinsured motorist coverage;(3) Medical payments coverage;(4) Comprehensive physical damage coverage; and(5) Collision physical damage coverage.
(1) Liability coverage for bodily injury and property damage;
(2) Uninsured and underinsured motorist coverage;
(3) Medical payments coverage;
(4) Comprehensive physical damage coverage; and
(5) Collision physical damage coverage.
(b) This section does not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles used for delivery or for any business use.
(c) This section does not invalidate, limit, or restrict an insurer's ability under existing law to underwrite an insurance policy, or to cancel or not renew a policy.
(d) A motor vehicle liability insurer that defends or indemnifies a claim against a delivery network driver that is excluded under the terms of its policy may seek recovery against the insurer providing coverage under § 55-12-143 if the claim:(1) Occurs during the delivery availability period or the delivery service period; and(2) Is excluded under the terms of its policy.
(1) Occurs during the delivery availability period or the delivery service period; and
(2) Is excluded under the terms of its policy.
(e) In a claims coverage investigation, a DNC or its insurer shall cooperate with all insurers that are involved in the claims coverage investigation to facilitate the exchange of information and shall immediately provide, upon request by directly involved parties or any insurer, the precise times that a delivery network driver began and ended the delivery availability period or the delivery service period on the delivery network company's digital network in the twelve-hour period immediately preceding the accident and in the twelve-hour period immediately following the accident. An insurer providing the coverage required by § 55-12-143 must disclose, upon request by another insurer involved in the particular claim, the applicable coverages, exclusions, and limits provided under any automobile insurance maintained in order to satisfy the requirements of this section.
(f) The insurer of a DNC providing coverage under § 55-12-143 must assume primary liability for a claim when a dispute exists as to when the delivery availability period or the delivery service period began or ended and the DNC does not have available, did not retain, or fails to provide the information required by subsection (e).