N.Y. Insurance Law § 3459: Car share exclusions for motor vehicle insurance policies

§ 3459. Car share exclusions for motor vehicle insurance policies. (a)

The definitions set forth in section three thousand four hundred

fifty-eight of this article shall apply to this section.

(b) Notwithstanding any other provision of law to the contrary, the

shared vehicle owner's policy of liability insurance or other motor

vehicle insurance may exclude any and all coverage afforded under the

policy issued to the shared vehicle owner for any loss, death, or injury

that occurs during the car sharing period including:

(1) liability coverage for bodily injury and property damage;

(2) coverage provided pursuant to article fifty-one of this chapter;

(3) uninsured motorist coverage;

(4) supplementary uninsured/underinsured motorist coverage; and

(5) motor vehicle physical damage coverage as described in paragraph

nineteen of subsection (a) of section one thousand one hundred thirteen

of this chapter.

(c) The shared vehicle owner's motor vehicle insurer shall notify the

shared vehicle owner that there is no duty to defend or indemnify any

person or entity for the liability for any loss, death, or injury that

shall occur during the peer-to-peer car sharing period.

(d) Nothing in this article shall invalidate or limit an exclusion

contained in a motor vehicle insurance policy, including any insurance

policy in use or approved for use that shall exclude coverage for motor

vehicles made available for rent, sharing, hire or any business use.