                                 CODE OF VIRGINIA

TNC BROKER INSURANCE (§ 46.2-2099.19:1)

A. A TNC broker shall ensure that any TNC partner with whom it arranges
transportation that will be provided pursuant to Article 15 (&#xA7; 46.2-2099.45
et seq.) has or is provided with TNC broker insurance as provided in this
section. TNC broker insurance shall be in effect from the moment a TNC partner
is en route to a passenger pursuant to arrangements made by a TNC broker and end
when the TNC partner logs on to the transportation network company&#8217;s
digital platform or when the transportation arranged by the TNC broker has been
canceled.

B. TNC broker insurance shall provide motor vehicle liability coverage. Such
coverage shall be primary and shall provide liability coverage of at least $1
million for death, bodily injury, and property damage.

C. The requirements for the coverage required by this section may be satisfied
by any of the following:

   1. TNC broker insurance maintained by a TNC partner;

   2. TNC broker insurance maintained by a TNC broker that provides coverage in
   the event that a TNC partner&#8217;s insurance policy under subdivision 1 has
   ceased to exist or has been canceled or in the event that the TNC partner does
   not otherwise maintain TNC broker insurance; or

   3. Any combination of subdivisions 1 and 2.
   				A TNC broker may meet its obligations under this subsection through a
   policy obtained by a TNC partner pursuant to subdivision 1 or 3 only if the
   TNC broker verifies that a policy is maintained by the TNC partner and such
   policy is specifically written to cover the TNC partner&#8217;s use of a
   vehicle in connection with a TNC broker.

D. In every instance where the TNC broker insurance maintained by a TNC partner
to fulfill the insurance obligations of this section has lapsed or ceased to
exist, the TNC broker shall provide the coverage required by this section
beginning with the first dollar of a claim.

E. This section shall not limit the liability of a TNC broker arising out of an
accident involving a TNC partner in any action for damages against a TNC broker
for an amount above the required insurance coverage.

F. Any person, or attorney acting on his behalf, who suffers a loss in an
automobile accident with a reasonable belief that the accident involves a TNC
partner vehicle driven by a TNC partner in connection with a TNC broker and who
provides the TNC broker with the date, approximate time, and location of the
accident, the name of the TNC partner, if available, and the accident report, if
available, may request in writing from the TNC broker information relating to
the insurance coverage and the company providing the coverage. The TNC broker
shall respond electronically or in writing within 30 days. The TNC
broker&#8217;s response shall contain the following information: (i) the pick-up
time of any transportation that the TNC broker had arranged to be provided by
the TNC partner within three hours of the automobile accident, (ii) the distance
between the site of the automobile accident and the pick-up location, (iii) the
name of the insurance carrier providing primary coverage, and (iv) the identity
and last known address of the TNC partner.

G. No contract, receipt, rule, or regulation shall exempt any TNC broker from
the liability that would exist had no contract been made or entered into, and no
such contract, receipt, rule, or regulation for exemption from liability for
injury or loss occasioned by the neglect or misconduct of such TNC broker shall
be valid. The liability referred to in this subsection shall mean the liability
imposed by law upon a TNC broker for any loss, damage, or injury to passengers.

H. Any insurance required by this section may be placed with an insurer that has
been admitted in Virginia or with an insurer providing surplus lines insurance
as defined in &#xA7; 38.2-4805.2.

I. Any insurance policy required by this section shall satisfy the financial
responsibility requirement for a motor vehicle under &#xA7; 46.2-706 during the
period beginning when such vehicle is en route to a passenger pursuant to
arrangements made by a TNC broker and ending when the TNC partner logs on to the
transportation network company&#8217;s digital platform or when the
transportation arranged by the TNC broker has been canceled.

J. The Department shall not issue a TNC broker&#8217;s license to any TNC broker
that has not certified to the Department that it will ensure that every TNC
partner vehicle for which it arranges transportation will be covered by an
insurance policy that meets the requirements of this section.

K. Each TNC broker shall keep on file with the Department proof of an insurance
policy maintained by the TNC broker in accordance with subsection C. Such proof
shall be in a form acceptable to the Commissioner. A record of the policy shall
remain in the files of the Department six months after the license is revoked or
suspended for any cause.

L. The Department may suspend a TNC broker license if the licensee fails to
comply with the requirements of this section. Any person whose license has been
suspended pursuant to this subsection may request a hearing as provided in
subsection D of &#xA7; 46.2-2011.26.

M. In a claims coverage investigation, a TNC broker and its insurer shall
cooperate with insurers involved in the claims coverage investigation to
facilitate the exchange of information, including the dates and times of any
accident involving a TNC partner and information regarding transportation
arranged by it to be provided by the TNC partner through the TNC broker within
three hours of the automobile accident.

N. A TNC broker shall indemnify, defend, and hold harmless a transportation
network company whose digital platform facilitated the prearranged ride from and
against any and all claims, actions, damages, liabilities, and judgments, and
losses, costs, fees, penalties, and expenses, including attorney fees, with
respect to any claim arising out of or related to an act or omission that
occurred in connection with a trip arranged by a TNC broker (i) while a TNC
partner is en route to begin a prearranged ride or (ii) during a trip performed
in violation of subsection A of &#xA7; 46.2-2099.48 and facilitated through the
TNC broker&#8217;s digital platform.

HISTORY: 2017, c. 635.