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<section article="gin" article_name="Insurance" number="19-517" title_number="19" title_name="Property and Casualty Insurance" subtitle_number="5" subtitle_name="Motor Vehicle Insurance -- Primary Coverage">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Transportation network company” has the meaning stated in § 10–101 of the Public Utilities Article.</text>
    </level>
    <level label="3">
      <text>“Transportation network operator” has the meaning stated in § 10–101 of the Public Utilities Article.</text>
    </level>
    <level label="4">
      <text>“Transportation network services” has the meaning stated in § 10–101 of the Public Utilities Article.</text>
    </level>
  </level>
  <level label="b">
    <text>Insurance required under § 10–405 of the Public Utilities Article shall be deemed to satisfy the financial responsibility requirement for a motor vehicle under §§ 19–505 and 19–509 of this subtitle and Title 17, Subtitle 1 of the Transportation Article.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>An authorized insurer that writes motor vehicle liability insurance in the State and the Maryland Automobile Insurance Fund may exclude any and all coverage and the duty to defend afforded under an owner’s or operator’s personal motor vehicle insurance policy for any loss or injury that occurs while the vehicle operator is providing transportation network services.</text>
    </level>
    <level label="2">
      <text>If an insurer that writes motor vehicle liability insurance in the State defends or indemnifies a claim against a driver for which coverage is excluded under the terms of its policy, the insurer shall have a right of contribution against other insurers that provide insurance to the same driver in satisfaction of the requirements of § 10–405 of the Public Utilities Article at the time of the loss.</text>
    </level>
    <level label="3">
      <text>Nothing in this section or § 10–405 of the Public Utilities Article shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use before July 1, 2015, that excludes coverage for motor vehicles that are used to transport passengers or property for a charge or are available for hire by the public.</text>
    </level>
    <level label="4">
      <text>The right to exclude coverage and the duty to defend under paragraph (1) of this subsection applies to any coverage included in a motor vehicle liability insurance policy, including:</text>
      <level label="i">
        <text>liability coverage for bodily injury and property damage;</text>
      </level>
      <level label="ii">
        <text>uninsured and underinsured motorist coverage;</text>
      </level>
      <level label="iii">
        <text>medical payments coverage;</text>
      </level>
      <level label="iv">
        <text>personal injury protection coverage;</text>
      </level>
      <level label="v">
        <text>comprehensive physical damage coverage; and</text>
      </level>
      <level label="vi">
        <text>collision physical damage coverage.</text>
      </level>
    </level>
    <level label="5">
      <text>If an insurer that writes motor vehicle liability insurance in the State excludes coverage for providing transportation network services, the insurer shall provide written notice to the named insured stating that the policy excludes coverage for providing transportation network services:</text>
      <level label="i">
        <text>for a policy initially purchased on or after January 1, 2016, at the time of issuance; and</text>
      </level>
      <level label="ii">
        <text>for a policy in force before January 1, 2016, at the time the policy first renews after January 1, 2016.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Nothing in this section or § 10–405 of the Public Utilities Article:</text>
      <level label="i">
        <text>may be construed to require a personal motor vehicle insurance policy to provide primary or excess coverage; or</text>
      </level>
      <level label="ii">
        <text>implies or requires that a personal motor vehicle insurance policy provide coverage while the vehicle operator is providing transportation network services.</text>
      </level>
    </level>
    <level label="2">
      <text>Coverage under a motor vehicle insurance policy maintained by a transportation network company may not be dependent on a personal insurer that writes motor vehicle liability insurance in the State first denying a claim, nor may a personal motor vehicle insurance policy be required to first deny a claim.</text>
    </level>
    <level label="3">
      <text>Nothing in this section or § 10–405 of the Public Utilities Article precludes an insurer that writes motor vehicle liability insurance in the State from providing coverage for an operator’s motor vehicle while the operator is providing transportation network services if the insurer elects to do so by contract or endorsement.</text>
    </level>
  </level>
</section>
