Oklahoma Code § 47-1027

§ 47-1027.

Coverage exclusions by insurers.

Oklahoma Statutes - Title 47. Motor Vehicles

A. Insurers that write automobile insurance in Oklahoma may

exclude any and all coverage afforded under the owner's insurance

policy for any loss or injury that occurs while a transportation

network company driver is logged on to a TNC's digital network or

while a driver provides a prearranged ride. This right to exclude

all coverage may apply to any coverage included in an automobile

insurance policy including, but not limited to:

1. Liability coverage for bodily injury and property damage;

2. Uninsured and underinsured motorist coverage;

3. Medical payments coverage;

4. Comprehensive physical damage coverage; and

5. Collision physical damage coverage.

B. Such exclusions shall apply notwithstanding any requirement

under Chapter 7 of the Oklahoma Highway Safety Code of Section 7-101

et seq. of Title 47 of the Oklahoma Statutes. Nothing in this

section implies or requires that a personal automobile 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 driver otherwise uses a vehicle to

transport passengers for compensation.

Nothing shall be deemed to preclude an insurer from providing

coverage for the TNC driver's vehicle, if it chooses to do so by

contract or endorsement.

C. Automobile insurers that exclude coverage as permitted in

Section 16 of this act shall have no duty to defend or indemnify any

claim expressly excluded thereunder. Nothing in this article shall

be deemed to invalidate or limit an exclusion contained in a policy

already in use or approved for use in this state prior to the

enactment of this act 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 TNC 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 TNC driver in satisfaction

of the coverage requirements of Section 16 of this act at the time

of loss.

D. In a claims coverage investigation, TNCs and any insurer

potentially providing coverage under Section 16 of this act shall

cooperate to facilitate the exchange of relevant information with

directly involved parties and any insurer of the TNC driver if

applicable, including the precise times that a TNC driver logged on

and off of the TNC's digital network in the twelve-hour period

immediately preceding and in the twelve-hour period immediately

following the accident and disclose to one another a clear

description of the coverage, exclusions and limits provided under

any automobile insurance maintained under Section 16 of this act.

Oklahoma Statutes - Title 47. Motor Vehicles

Added by Laws 2015, c. 279, § 18, eff. July 1, 2015.