2023 Connecticut General Statutes › Title 13b - Transportation › Chapter 244c - Transportation Network Company Vehicles › Section 13b-120. - Automobile liability insurance requirements.

(a) A transportation network company driver or a transportation network company on the driver's behalf shall procure and maintain primary automobile liability insurance that recognizes that the driver is a transportation network company driver, or otherwise uses a vehicle to transport passengers for compensation, and provides coverage for the driver as follows:
(1) For the period during which the driver is connected to the transportation network company's digital network and is available to receive requests for prearranged rides but is not engaged in the provision of a prearranged ride: (A) Primary automobile liability insurance coverage of at least (i) fifty thousand dollars for damages by reason of bodily injury to, or the death of, any one person, (ii) one hundred thousand dollars for damages by reason of bodily injury or death per accident, and (iii) twenty-five thousand dollars for property damage; and (B) uninsured and underinsured motorist coverage in accordance with the provisions of section 38a-336; and
(2) For the period during which the driver is engaged in the provision of a prearranged ride: (A) Primary automobile liability insurance coverage of at least one million dollars for damages by reason of bodily injury, death or property damage per accident; and (B) uninsured and underinsured motorist coverage in accordance with the provisions of section 38a-336.
(b) The coverage requirements of subsection (a) of this section may be satisfied by an automobile liability insurance policy maintained by a transportation network company driver or the transportation network company or a combination of both. Nothing in this section shall be construed to: (1) Require an insurance company that issues automobile liability insurance policies in this state to issue automobile liability insurance policies that provide the coverage specified under subsection (a) of this section, or (2) preclude an insurance company from providing primary or excess coverage by contract or endorsement for a transportation network company vehicle.
(c) If an automobile liability insurance policy maintained by a transportation network company driver has lapsed or does not provide the coverage required under subsection (a) of this section, the transportation network company's automobile liability insurance policy shall provide such coverage, beginning with the first dollar of a claim, and the insurance company issuing such policy shall have the duty to defend a claim that arises while the driver is connected to the transportation network company's digital network or is engaged in the provision of a prearranged ride.
(d) Coverage under an automobile liability insurance policy maintained by a transportation network company shall not be contingent on another insurance company first denying a claim, nor shall such other insurance company be required to first deny a claim.
(e) A transportation network company may procure the coverage required under subsection (a) of this section from: (1) An insurance company authorized to do business in this state, or (2) a surplus lines insurer that has at least an A minus credit rating by A.M. Best or an A or similar credit rating by another rating agency approved by the Insurance Commissioner. Any such insurance company or surplus lines insurer shall comply with the provisions of subsection (a) of section 38a-318a.
(f) (1) A transportation network company driver shall carry proof of insurance satisfying the coverage required under subsection (a) of this section at all times during the driver's use of a transportation network company vehicle while connected to a transportation network company's digital network or engaged in the provision of a prearranged ride. The transportation network company shall ensure it provides such proof of insurance to all of its drivers to whom such transportation network company is providing such coverage.
(2) In the event of an accident, a transportation network company driver shall provide such proof of insurance coverage to the directly interested parties, insurance companies and investigating police officers. A transportation network company driver shall disclose, upon request, to directly interested parties, insurance companies and investigating police officers whether the driver was connected to the transportation network company's digital network or was engaged in the provision of a prearranged ride at the time of the accident.
(3) In any claims coverage investigation, a transportation network company shall immediately provide, upon a request from a directly involved party or the transportation network company driver's insurance company, the precise times the driver was connected to and disconnected from the transportation network company's digital network in the twelve-hour periods immediately preceding and immediately following the accident. An insurance company providing any coverage required under subsection (a) of this section shall disclose, upon request by any other insurance company providing any coverage required under said subsection, the applicable coverages, exclusions and limits under the automobile liability insurance policy issued to satisfy the coverage requirements under said subsection.
(g) Notwithstanding the provisions of sections 14-112, 38a-334, 38a-335 and 38a-336, an insurance company that offers automobile liability insurance coverage in this state may offer automobile liability insurance policies to individuals that exclude any or all coverage afforded under such policies for any loss or injury that occurs during the period an insured is connected to a transportation network company's digital network and available to receive requests for prearranged rides or engaged in the provision of a prearranged ride. Such exclusions may include, but are not limited to: (1) Liability coverage for bodily injury, death or property damage; (2) personal injury protection coverage; (3) uninsured and underinsured motorist coverage; (4) medical payments coverage; (5) collision physical damage coverage; or (6) comprehensive physical damage coverage. Nothing in this subsection shall be construed to require an insurance company that clearly and conspicuously discloses such exclusions to use any particular policy language or reference to this subsection to exclude any or all coverage pursuant to this subsection.
(h) (1) An insurance company that excludes coverage pursuant to subsection (g) of this section shall have no duty to defend or indemnify any claim against a transportation network company driver for which coverage is expressly excluded in such driver's automobile liability insurance policy. If an insurance company defends or indemnifies a claim against a transportation network company driver for which coverage is expressly excluded in such driver's automobile liability insurance policy, the insurance company shall have a right of subrogation against other insurance companies that provide automobile liability insurance coverage to such driver to satisfy the requirements of subsection (a) of this section.
(2) Nothing in this section shall be construed to invalidate or limit an exclusion contained in an automobile liability insurance policy, including any such policy in use or approved for use in this state prior to January 1, 2018, that excludes coverage for vehicles used to transport property or passengers for a fee or available for hire by the public.
(i) Prior to initially permitting a transportation network company driver to accept a rider request for a prearranged ride through the transportation network company's digital network, a transportation network company shall disclose, in writing, to such driver the following:
(1) The insurance coverage, including the types of coverage and the limits for each type of coverage, that the transportation network company provides during the period such driver is using a transportation network company vehicle while connected to the transportation network company's digital network and available to receive requests for prearranged rides or engaged in the provision of a prearranged ride;
(2) A statement that such driver's automobile insurance policy might not provide coverage while such driver is connected to the transportation network company's digital network and available to receive requests for prearranged rides or engaged in the provision of a prearranged ride; and
(3) A statement that if such driver's transportation network company vehicle has a lien on it, the use of such vehicle for such purposes without physical damage coverage may violate the terms of the contract with the lienholder.
(P.A. 17-140, S. 5; 17-203, S. 2, 4.)
History: P.A. 17-140 effective January 1, 2018; P.A. 17-203 amended Subsec. (a) by replacing “automobile liability insurance policy” with “primary automobile liability insurance”, adding “or otherwise uses a vehicle to transport passengers for compensation”, and making conforming changes, and amended Subsec. (h) by deleting former Subdiv. (3) re insurance company's duty to defend, effective January 1, 2018.