304.39 -047 Definitions for section -- Authority to exclude coverage for peer -to-peer car sharing -- Right of recovery. (1) As used in this section, the following have the same meaning as in KRS 365.520: (a) 'Car sharing period'; (b) 'Peer -to-peer car sharing program'; (c) 'Shared vehicle'; (d) 'Shared vehicle driver'; and (e) 'Shared vehicle owner.' (2) An authorized insurer that writes motor vehicle liability insurance in this state may exclude any and all coverage, and the duty to defend or indemnif y for any claim afforded, under a shared vehicle owner's policy for accidents involving the shared vehicle that occur during a car sharing period, including but not limited to: (a) Security for payment of tort liabilities under KRS 304.39 -110; (b) Uninsure d motorist coverage under KRS 304.20 -020; (c) Underinsured motorist coverage under KRS 304.39 -320; (d) Basic reparation benefits as defined in KRS 304.39 -020; (e) Medical payments coverage; (f) Comprehensive property damage coverage; and (g) Collision property damage coverage. (3) An insurer that defends or indemnifies a claim against a shared vehicle shall have the right to seek recovery against the insurer that issued a verage; and (g) Collision property damage coverage. (3) An insurer that defends or indemnifies a claim against a shared vehicle shall have the right to seek recovery against the insurer that issued a motor vehicle liability insurance policy under KRS 365.522(2) to the peer -to-peer car sharing program if: (a) The claim is made against the shared vehicle owner or shared vehicle driver for damages that result from an accident occurring during the car sharing period; and (b) Cove rage for the claim is excluded under the terms of the insurer's policy. Effective: January 1, 2023 History: Created 2022 Ky. Acts ch. 153, sec. 12, effective January 1, 2023.
Kentucky Legal Code