California, TNCs & Insurance

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California, TNCs & Insurancewww.insurance.ca.gov/tncDave Jones, CommissionerNAIC Continuing Legal Education SeminarNovember 15, 2014CALIFORNIA DEPARTMENT OF INSURANCE / 1“Insurance Protection for all Californians.”

Why we care1) KGO KCRA2) Non-professional drivers3) Not covered by personal auto insuranceCALIFORNIA DEPARTMENT OF INSURANCE / 2

seesfiKPIXKCBS:.:Uber Ride-Share Driver Charged InDeath Of Girl Killed In San FranciscoCrosswalkUber Driver ArrestedUBER DRIVER ARRESTED FOR TAKING DRUNKWOMAN TO PANORAMA CITY MOTEL ROOMSAN FRANCIS,C10:BiU.SINESS TIIMES1SFO says it arrested Uber and Lyftdrivers in ridesharing crackdown -, (1"Syed Muzzafar---r-,,.: :.: · ·' .·;P\1 5KDIXTHE WALL STREET JOURNAL.Ridesharing firms face legal threatfrom San Francisco, Los Angeles - WSJCALIFORNIA DEPARTMENT OF INSURANCE / 3

Clarifying the TermsTNC companies which facilitate use of personalvehicles to transport passengers for a feeTNC PeriodsDefinitionPeriod 1Pre-MatchPeriod 2Match accepted - passenger pick upPeriod 3Passenger in the vehicleCALIFORNIA DEPARTMENT OF INSURANCE / 4

Split Regulation of LiveryTaxisCharter Party CarriersRegulated by municipalitiesRegulated by CPUCHailedPre-arrangedInsurance requirements vary: Insurance requirement:15/30/5 to 1 million 750K (7 passengers orfewer)CPUC ruled TNCs are subject to CPUC regulation.CALIFORNIA DEPARTMENT OF INSURANCE / 5

CDI’s Actions Reviewed livery exclusions & policies Public hearing on insurance coverage gaps Insurance Commissioner recommendationsto CPUC & LegislatureCALIFORNIA DEPARTMENT OF INSURANCE / 6

Commissioner JonesRecommendations TNCs should provide 1 million commercial liabilityinsurance that begins the moment a driver switches on theapp TNCs should provide 1 million UM/UIM TNCs should provide comp/collision coverage if the driverhas those coverages on the driver's own policy Drivers should carry TNC insurance policy information TNCs should inform drivers that personal auto insurancecoverages may not apply while they drive for the TNCCALIFORNIA DEPARTMENT OF INSURANCE / 7

CPUC insurance requirementsOriginal CPUC decision (September 2013) Period 1: silent Periods 2/3: driver’s personal auto primary withTNC’s insurer at 1 million excessGaps Physical damage, UM/UIM, medical payments Taxis/limos are insured 24/7/365CALIFORNIA DEPARTMENT OF INSURANCE / 8

Final CA insurance requirementsAB 2293 (Bonilla) – Enacted September 2014 Period 1: TNC-specific driver endorsement for50/100/30 liability; TNC must maintain 200K excess Periods 2/3: TNC primary liability at 1 million Provides that personal auto provides no coverage Potential gaps: physical damage, UM/UIM in Period2, medical payments Effective 7/1/15CALIFORNIA DEPARTMENT OF INSURANCE / 9

Interesting Legal Issues Isolating miles (personal/commute miles, Period1 miles, Period 2/3 miles)? Should collisions/convictions while driving for aTNC be treated as personal or business?– CA treats as personal Will insurers and TNCs provide all the datanecessary to complete/release studies in CA andCO?CALIFORNIA DEPARTMENT OF INSURANCE / 10

Unresolved Issues Which insurers will step into this market? Forwhat periods? Will TNC's mandate that the drivers maintain adriver policy? Will onboard navigation interface mean manybecome occasional TNC drivers?CALIFORNIA DEPARTMENT OF INSURANCE / 11

Nov 15, 2014 · THE WALL STREET JOURNAL. Ridesharing firms face legal threat . CPUC ruled TNCs are subject to CPUC regulation. CALIFORNIA DEPARTMENT OF INSURANCE / 5 . CDI’s Actions Reviewed livery exclusions & policies . insurance

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