Registry Procedures Manual - D.213

Appendix D. Transportation Network Companies MGL Ch. 159A 1/2
Automobile insurers that exclude the coverage described in this section shall not have a duty to
defend or indemnity any claim expressly excluded by a policy. Nothing in this section shall invalidate
or limit an exclusion contained in a policy, including any policy in use or approved for use
in the commonwealth before the enactment of this section that excludes coverage for vehicles
used to carry persons or property for a charge or available for hire by the public. An automobile
insurer that defends or indemnifies a claim against a transportation network driver that is
excluded under the terms of its policy shall have a right of contribution against the other insurers
that provide automobile insurance to the same transportation network driver in satisfaction of the
coverage requirements of this section at the time of loss.
(i) The commissioner of insurance, in consultation with the division of transportation network
companies established in section 23 of chapter 25, shall issue an annual report concerning the
coverage minimums required for transportation network vehicles during the period of time where
the transportation network driver is logged onto the digital network but is not engaged in a prearranged
ride. The report shall include, at a minimum: (i) an examination, bases on actuarial data,
of whether the existing coverage requirements provide adequate protection for riders, transportation
network drivers and the general public:
(ii) whether it is presently feasible for a transportation network company to obtain an insurance
policy providing coverage of $1,000,000 per occurrence, per vehicle during the relevant time
period; (iii) if such a policy is available, whether the coverage minimums should be raised so that
all transportation network vehicles carry $1,000,000 of coverage per occurrence, per vehicle, at
all times while operating as a transportation network company; (iv) whether a strategy can be
developed to raise the coverage requirements during this period through the use of admitted
motor vehicle insurance carriers, the surplus lines market and technological innovations in the
insurance industry such as the use of telematics to improve risk assessment; and (v) any recommended
action by the division of insurance, the division of transportation network companies
established in said section 23 of said chapter 25, the legislature or other government entity that
would encourage the insurance market to provide policies with higher insurance limits while
transportation network companies are not engaged in a prearranged ride.
The commissioner of insurance shall file an annual report detailing any recommendations
together with actuarial analysis with the clerks of the senate and house of representatives, the
chairs of the house and senate committees no ways and means and the chairs of the join committee
on financial services not later than
February 15.
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