13-48a-302. Motor vehicle liability insurance.
(1) A car-sharing program shall ensure that, during each car-sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides coverage in amounts no less than the minimum amounts set forth in Section, and: 31A-22-304 recognizes that the shared vehicle insured under the policy is made available and used through a car-sharing program; or does not exclude use of a shared vehicle by a shared vehicle driver.
(2) The insurance described in Subsectionmay be satisfied by motor vehicle liability insurance maintained by: (1) a shared vehicle owner; a shared vehicle driver; a car-sharing program; or a shared vehicle owner, a shared vehicle driver, and a car-sharing program.
(3) The insurance described in Subsectionthat is satisfying the insurance requirement of Subsectionshall be primary during each car-sharing period and in the event that a claim occurs in another state with minimum financial responsibility limits higher than those in Section, during the car-sharing period, the coverage maintained under Subsectionshall satisfy the difference in minimum coverage amounts, up to the applicable policy limits. (1) (1) 31A-22-304 (2)
(4) The insurer, insurers, or car-sharing program providing coverage under Subsectionorshall assume primary liability for a claim when: (1) (2) a dispute exists as to who was in control of the shared motor vehicle at the time of the loss and the car-sharing program does not have available, did not retain, or fails to provide the information required by Section; or 13-48a-203 a dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location as required under Section. 13-48a-101
(5) If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with Subsectionhas lapsed or does not provide the required coverage, insurance maintained by the car-sharing program shall provide the coverage required by Subsectionbeginning with the first dollar of a claim and have the duty to defend the claim except under circumstances set forth in Subsection. (2) (1) 13-48a-301(2)
(6) Coverage under an automobile insurance policy maintained by the car-sharing program is not dependent on another automobile insurer first denying a claim, nor shall another automobile insurance policy be required to first deny a claim.