Section 991.2804 - Insurance.(a) Insurance coverage during carsharing period.--(1) a peer-to-peer carsharing program shall assume liability, except as provided under paragraph (2), of a shared vehicle owner for bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the carsharing period in an amount stated in the carsharing program agreement which amount may not be less than those specified in 75 Pa.C.S. Ch. 17 (relating to financial responsibility).(2) Notwithstanding the definition of " carsharing termination time," the assumption of liability under paragraph (1) of this subsection does not apply to a shared vehicle owner when: (i) The shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer carsharing program before the carsharing period in which the loss occurred; or(ii) Acting in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of carsharing program agreement.(3) Notwithstanding the definition of " carsharing termination time," the assumption of liability under paragraph (1) shall apply to bodily injury, property damage, uninsured and underinsured motorist or personal injury protection losses by damaged third parties required by 75 Pa.C.S. Ch. 17.(4) A peer-to-peer carsharing program shall ensure that, during each carsharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than the minimum amounts specified in 75 Pa.C.S. Ch. 17 and:(i) Recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer carsharing program; or(ii) Does not exclude use of a shared vehicle by a shared vehicle driver.(5) The insurance described under paragraph (4) may be satisfied by motor vehicle liability insurance maintained by: (i) A shared vehicle owner;(ii) A shared vehicle driver;(iii) A peer-to-peer carsharing program; or(iv) A shared vehicle owner, a shared vehicle driver and a peer-to-peer carsharing program.(6) The insurance described under paragraph (5) that satisfies the insurance requirement of paragraph (4) shall be primary during each carsharing period and in the event that a claim occurs in another state with minimum financial responsibility limits higher than specified in 75 Pa.C.S. Ch. 17, during the carsharing period, the coverage maintained under paragraph (5) shall satisfy the difference in minimum coverage amounts, up to the applicable policy limits.(7) The insurer, insurers or peer-to-peer carsharing program providing coverage under paragraph (4) or (5) shall assume primary liability for a claim when:(i) A dispute exists as to who was in control of the shared vehicle at the time of the loss and the peer-to-peer carsharing program does not have available, did not retain, or fails to provide the information required by subsection (d); or(ii) A dispute exists as to whether the shared vehicle was returned to the alternatively agreed-upon location as required by this article.(8) If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with paragraph (5) has lapsed or does not provide the required coverage, insurance maintained by a peer-to-peer carsharing program shall provide the coverage required by paragraph (4) beginning with the first dollar of a claim and have the duty to defend such claim except under circumstances as provided under paragraph (2).(9) Coverage under an automobile insurance policy maintained by the peer-to-peer carsharing program shall not be dependent on another automobile insurer first denying a claim nor shall another automobile insurance policy be required to first deny a claim.(10) Nothing in this section shall be construed to: (i) Limit the liability of the peer-to-peer carsharing program for an act or omission of the peer-to-peer carsharing program itself that results in injury to a person as a result of the use of a shared vehicle through a peer-to-peer carsharing program; or(ii) Limit the ability of the peer-to-peer carsharing program to, by contract, seek indemnification from a shared vehicle owner or a shared vehicle driver for economic loss sustained by a peer-to-peer carsharing program resulting from a breach of the terms and conditions of the carsharing program agreement.(b) Notification of implications of lien.--At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer carsharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for carsharing on the peer-to-peer carsharing program, the peer-to-peer carsharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer carsharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.(c) Exclusions in motor vehicle liability insurance policies.--(1) An authorized insurer that writes motor vehicle liability insurance in this Commonwealth may exclude any and all coverage and the duty to defend or indemnify for a claim afforded under a shared vehicle owner's motor vehicle liability insurance policy, including: (i) Liability coverage for bodily injury and property damage;(ii) Personal injury protection coverage;(iii) Uninsured and underinsured motorist coverage;(iv) Medical payments coverage;(v) Comprehensive physical damage coverage; and(vi) Collision physical damage coverage.(2) Nothing in this article shall be construed to: (i) Invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including an insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing or hire or for any business use.(ii) Invalidate, limit or restrict an insurer's ability under existing law to underwrite any insurance policy.(iii) Invalidate, limit or restrict an insurer's ability under existing law to cancel and nonrenew policy.(d)Recordkeeping and use of vehicle in carsharing.--(1) A peer-to-peer carsharing program shall collect and verify records pertaining to the use of a vehicle, including times used, carsharing period pickup and drop off locations, fees paid by the shared vehicle driver and revenues received by the shared vehicle owner and provide that information upon request to the shared vehicle owner, the shared vehicle owner's insurer or the shared vehicle driver's insurer to facilitate a claim coverage investigation, settlement, negotiation or litigation.(2) The peer-to-peer carsharing program shall retain the records for a time period not less than the applicable personal injury statute of limitations.(e) Exemption and vicarious liability.--A peer-to-peer carsharing program and a shared vehicle owner shall be exempt from vicarious liability in accordance with 49 U.S.C. § 30106 (relating to rented or leased motor vehicle safety and responsibility) and under any State or local law that imposes liability solely based on vehicle ownership.(f) Contribution against indemnification.--A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of the policy shall have the right to seek recovery against the motor vehicle insurer of the peer-to-peer carsharing program if the claim is:(1) Made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the carsharing period.(2) Excluded under the terms of the policy.(g) Insurable interest.-- (1) Notwithstanding any other law, statute, rule or regulation to the contrary, a peer-to-peer carsharing program shall have an insurable interest in a shared vehicle during the carsharing period.(2) Nothing in this subsection shall be construed as creating liability on a peer-to-peer carsharing program to maintain the coverage mandated by subsection (a).(3) A peer-to-peer carsharing program may own and maintain as the named insured one or more policies of motor vehicle liability insurance that provides coverage for:(i) Liabilities assumed by the peer-to-peer carsharing program under a carsharing program agreement;(ii) Liability of the shared vehicle owner;(iii) Damage or loss to the shared vehicle; or(iv) Liability of the shared vehicle driver.Added by P.L. TBD 2022 No. 93, § 7, eff. 7/11/2022.