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(j) Nothing in this section does any of the following:
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1. Limits the liability of a peer-to-peer motor vehicle sharing program for any
13act or omission of the peer-to-peer motor vehicle sharing program itself that results
14in injury to any person as a result of the use of a shared motor vehicle through the
15peer-to-peer motor vehicle sharing program.
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2. Limits the ability of a peer-to-peer motor vehicle sharing program to seek
17indemnification, under the terms of a motor vehicle sharing agreement, from the
18shared vehicle owner or shared vehicle driver for economic loss sustained by the
19peer-to-peer motor vehicle sharing program resulting from a breach of the terms of
20the motor vehicle sharing agreement.
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21(3) Insurable interest. A peer-to-peer motor vehicle sharing program shall
22have an insurable interest in a shared motor vehicle during the motor vehicle
23sharing duration. Nothing in this subsection creates liability on the peer-to-peer
24motor vehicle sharing program to maintain the coverage required under sub. (2) (d).
25The peer-to-peer motor vehicle sharing program may own and maintain as the
1named insured one or more policies of motor vehicle liability insurance that provides
2coverage for any of the following:
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(a) Liabilities to be assumed by the peer-to-peer motor vehicle sharing
4program under a motor vehicle sharing agreement.
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(b) Any liability of the shared vehicle owner.
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(c) Damage or loss to the shared motor vehicle.
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(d) Any liability of the shared vehicle driver.
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8(4) Exclusions in motor vehicle liability policies. (a) An insurer that writes
9motor vehicle liability insurance in this state may exclude any coverage and may
10refuse to defend or indemnify any claim under a shared vehicle owner's liability
11policy, including any of the following coverages:
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1. Liability coverage for bodily injury and property damage.
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2. Personal injury protection.
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3. Uninsured and underinsured motorists coverage.
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4. Medical payments.
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5. Comprehensive physical damage.
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6. Collision physical damage.
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(b) Nothing in this section invalidates or limits any exclusion contained in a
19motor vehicle liability insurance policy, including any policy in use or approved for
20use that excludes coverage for motor vehicles that are made available for rent,
21sharing, or hire or for any business use.
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(c) Nothing in this section invalidates, limits, or restricts an insurer's ability,
23as otherwise allowed under law, to underwrite an insurance policy or to cancel or not
24renew an insurance policy.
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1(5) Required disclosures. Each peer-to-peer motor vehicle sharing program
2shall include in any agreement made in this state with a shared vehicle owner or
3shared vehicle driver all of the following disclosures:
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(a) Any right of the peer-to-peer motor vehicle sharing program to seek
5indemnification from the shared vehicle owner or shared vehicle driver for economic
6loss sustained by the peer-to-peer motor vehicle sharing program resulting from a
7breach of the terms and conditions of the motor vehicle sharing agreement.
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(b) That a motor vehicle liability insurance policy issued to a shared vehicle
9owner for the shared motor vehicle or to the shared vehicle driver does not provide
10a defense or indemnification for any claim asserted against him or her by the
11peer-to-peer motor vehicle sharing program.
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(c) That the peer-to-peer motor vehicle sharing program's insurance coverage
13on the shared vehicle owner and the shared vehicle driver is in effect only during the
14motor vehicle sharing duration and that, for any use of the shared motor vehicle by
15the shared vehicle driver other than during the motor vehicle sharing duration, the
16shared vehicle driver and the shared vehicle owner might not have insurance
17coverage.
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(d) The daily rate, fees, and, if applicable, any insurance or protection package
19costs that are charged to the shared vehicle owner or the shared vehicle driver.
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(e) That the motor vehicle liability insurance policy of the shared vehicle owner
21might not provide coverage for a shared motor vehicle.
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(f) An emergency telephone number of personnel who are capable of fielding
23roadside assistance and other customer service inquiries.
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1(g) Any conditions under which a shared vehicle driver, in order to make a
2reservation for a shared motor vehicle, must maintain a personal motor vehicle
3insurance policy that is primary coverage with certain applicable coverage limits.
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4(6) Notification of implications of lien. At the time a motor vehicle owner
5registers as a shared vehicle owner through a peer-to-peer motor vehicle sharing
6program and before the shared vehicle owner makes a motor vehicle available for
7sharing, the peer-to-peer motor vehicle sharing program shall notify the shared
8vehicle owner that, if the shared motor vehicle has a lien against it, the use of the
9shared motor vehicle through the peer-to-peer motor vehicle sharing program,
10including any use without coverage for physical damage, may violate the terms of
11any agreement with the lienholder.
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12(7) Liability exemption. Any peer-to-peer motor vehicle sharing program and
13any shared vehicle owner are exempt from liability consistent with
49 USC 30106 14and under any state or local law that imposes liability solely based on vehicle
15ownership.
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16(8) Contribution against indemnification. A motor vehicle insurer that
17defends or indemnifies a claim against a shared motor vehicle that is excluded under
18the terms of the policy shall have the right to seek recovery against the motor vehicle
19insurer of the peer-to-peer motor vehicle sharing program if the claim is made
20against the shared vehicle owner or the shared vehicle driver for loss or injury that
21occurs during the motor vehicle sharing duration and is excluded under the terms
22of the policy.
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23(9) Record retention. A peer-to-peer motor vehicle sharing program shall
24collect and verify records pertaining to the use of a shared motor vehicle, including
25times used, motor vehicle pick up and drop off locations, fees paid by a shared vehicle
1driver, and revenues received by the shared vehicle owner. To facilitate a claims
2coverage investigation, settlement, negotiation, or litigation, the peer-to-peer motor
3vehicle sharing program shall provide, upon request, the records collected under this
4subsection to the shared vehicle owner, the insurer of the shared vehicle owner, or
5the insurer of the shared vehicle driver. The peer-to-peer motor vehicle sharing
6program shall retain the records collected under this subsection for a period not less
7than the applicable time limit for bringing an action specified under ch. 893.
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(1)
This act takes effect on the first day of the 10th month beginning after
10publication.