2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:10 - Motor Vehicle Insurance Provisions.

359-U:10 Motor Vehicle Insurance Provisions. –
I. (a) Insurers that write motor vehicle insurance in New Hampshire may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a TNC driver is logged on to a TNC's digital network or while a driver provides a prearranged ride. The right to exclude all coverage may apply to any coverage included in a motor vehicle insurance policy including, but not limited to:
(1) Liability coverage for bodily injury and property damage.
(2) Uninsured and under insured motorist coverage.
(3) Medical payments coverage.
(4) Comprehensive physical damage coverage.
(5) Collision physical damage coverage.
(b) If the coverage has been excluded under this paragraph, and the insurance required to be maintained by the TNC driver under RSA 359-U:8, II and IV has lapsed or does not provide the required coverage, the state financial responsibility requirements in RSA 259:61, I, including costs of defense, shall be satisfied by the TNC's motor vehicle insurance policy, beginning with the first dollar of a claim. Nothing in this section implies or requires that a personal motor vehicle insurance policy provide coverage while the TNC driver is logged on to the TNC's digital network, while the TNC driver is engaged in a prearranged ride, or while the TNC driver otherwise uses a vehicle to transport passengers for compensation. Nothing in this section shall be construed to require an insurer to use any particular policy language or reference to this section in order to exclude any and all coverage for any loss or injury that occurs while a driver is logged on to a TNC's digital network or while a TNC driver provides a prearranged ride. Nothing in this section shall be deemed to preclude an insurer from providing primary or excess coverage for the TNC driver's vehicle, if it chooses to do so by contract or endorsement.
II. No automobile insurer that excludes the coverage described in RSA 359-U:8 shall have a 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 New Hampshire prior to the enactment of this chapter, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public. An automobile insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy, shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of RSA 359-U:8 at the time of loss.
III. In a claims coverage investigation, TNCs shall immediately provide, upon request by 3 directly involved parties or any insurer of the TNC driver if applicable, the precise times that a TNC driver logged on and off of the TNC's digital network in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident. Insurers under RSA 359-U:8 shall disclose, upon request by any other insurer involved in the particular claim, the applicable coverage, exclusions, and limits provided under any automobile insurance maintained under RSA 359-U:8.
Source.
2023, 30:2, eff. July 1, 2023.