(g) The insurer, insurers, or peer-to-peer motor vehicle sharing program providing coverage under pars. (d) and (e) shall assume primary coverage if any of the following applies:
1. A dispute exists as to who was in control of the shared motor vehicle at the time of the loss, and the peer-to-peer motor vehicle sharing program does not have available, does not retain, or fails to provide the information specified under sub. (9).
2. A dispute exists as to whether the shared motor vehicle was returned to an alternatively agreed upon location specified in the motor vehicle sharing agreement.
(h) If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with par. (e) has lapsed or does not provide the coverage required, then insurance maintained by the peer-to-peer motor vehicle sharing program shall provide the coverage required under par. (d) beginning with the first dollar of the claim and shall have the duty to defend the claim except under circumstances described in par. (b).
(i) Coverage under a motor vehicle insurance policy maintained by the peer-to-peer motor vehicle sharing program may not be dependent on another motor vehicle insurer first denying a claim nor shall another motor vehicle insurance policy be required to first deny a claim.
(j) Nothing in this section does any of the following:
1. Limits the liability of a peer-to-peer motor vehicle sharing program for any act or omission of the peer-to-peer motor vehicle sharing program itself that results in injury to any person as a result of the use of a shared motor vehicle through the peer-to-peer motor vehicle sharing program.
2. Limits the ability of a peer-to-peer motor vehicle sharing program to seek indemnification, under the terms of a motor vehicle sharing agreement, from the shared vehicle owner or shared vehicle driver for economic loss sustained by the peer-to-peer motor vehicle sharing program resulting from a breach of the terms of the motor vehicle sharing agreement.
(3) Insurable interest. A peer-to-peer motor vehicle sharing program shall have an insurable interest in a shared motor vehicle during the motor vehicle sharing duration. Nothing in this subsection creates liability on the peer-to-peer motor vehicle sharing program to maintain the coverage required under sub. (2) (d). The peer-to-peer motor vehicle sharing program may own and maintain as the named insured one or more policies of motor vehicle liability insurance that provides coverage for any of the following:
(a) Liabilities to be assumed by the peer-to-peer motor vehicle sharing program under a motor vehicle sharing agreement.
(b) Any liability of the shared vehicle owner.
(c) Damage or loss to the shared motor vehicle.
(d) Any liability of the shared vehicle driver.
(4) Exclusions in motor vehicle liability policies. (a) An insurer that writes motor vehicle liability insurance in this state may exclude any coverage and may refuse to defend or indemnify any claim under a shared vehicle owner’s liability policy, including any of the following coverages:
1. Liability coverage for bodily injury and property damage.
2. Personal injury protection.
3. Uninsured and underinsured motorists coverage.
4. Medical payments.
5. Comprehensive physical damage.
6. Collision physical damage.
(b) Nothing in this section invalidates or limits any exclusion contained in a motor vehicle liability insurance policy, including any policy in use or approved for use that excludes coverage for motor vehicles that are made available for rent, sharing, or hire or for any business use.
(c) Nothing in this section invalidates, limits, or restricts an insurer’s ability, as otherwise allowed under law, to underwrite an insurance policy or to cancel or not renew an insurance policy.
(5) Required disclosures. Each peer-to-peer motor vehicle sharing program shall include in any agreement made in this state with a shared vehicle owner or shared vehicle driver all of the following disclosures:
(a) Any right of the peer-to-peer motor vehicle sharing program to seek indemnification from the shared vehicle owner or shared vehicle driver for economic loss sustained by the peer-to-peer motor vehicle sharing program resulting from a breach of the terms and conditions of the motor vehicle sharing agreement.
(b) That a motor vehicle liability insurance policy issued to a shared vehicle owner for the shared motor vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted against him or her by the peer-to-peer motor vehicle sharing program.
(c) That the peer-to-peer motor vehicle sharing program’s insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during the motor vehicle sharing duration and that, for any use of the shared motor vehicle by the shared vehicle driver other than during the motor vehicle sharing duration, the shared vehicle driver and the shared vehicle owner might not have insurance coverage.
(d) The daily rate, fees, and, if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver.
(e) That the motor vehicle liability insurance policy of the shared vehicle owner might not provide coverage for a shared motor vehicle.
(f) An emergency telephone number of personnel who are capable of fielding roadside assistance and other customer service inquiries.
(g) Any conditions under which a shared vehicle driver, in order to make a reservation for a shared motor vehicle, must maintain a personal motor vehicle insurance policy that is primary coverage with certain applicable coverage limits.
(6) Notification of implications of lien. At the time a motor vehicle owner registers as a shared vehicle owner through a peer-to-peer motor vehicle sharing program and before the shared vehicle owner makes a motor vehicle available for sharing, the peer-to-peer motor vehicle sharing program shall notify the shared vehicle owner that, if the shared motor vehicle has a lien against it, the use of the shared motor vehicle through the peer-to-peer motor vehicle sharing program, including any use without coverage for physical damage, may violate the terms of any agreement with the lienholder.
(7) Liability exemption. Any peer-to-peer motor vehicle sharing program and any shared vehicle owner are exempt from liability consistent with 49 USC 30106 and under any state or local law that imposes liability solely based on vehicle ownership.
(8) Contribution against indemnification. A motor vehicle insurer that defends or indemnifies a claim against a shared motor 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 motor vehicle sharing program if the claim is made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the motor vehicle sharing duration and is excluded under the terms of the policy.
(9) Record retention. A peer-to-peer motor vehicle sharing program shall collect and verify records pertaining to the use of a shared motor vehicle, including times used, motor vehicle pick up and drop off locations, fees paid by a shared vehicle driver, and revenues received by the shared vehicle owner. To facilitate a claims coverage investigation, settlement, negotiation, or litigation, the peer-to-peer motor vehicle sharing program shall provide, upon request, the records collected under this subsection to the shared vehicle owner, the insurer of the shared vehicle owner, or the insurer of the shared vehicle driver. The peer-to-peer motor vehicle sharing program shall retain the records collected under this subsection for a period not less than the applicable time limit for bringing an action specified under ch. 893.
(1) This act takes effect on the first day of the 10th month beginning after publication.
