<?xml version="1.0" encoding="ISO-8859-1"?><section number="31A-22-302.5"><histories><history>Amended by Chapter <modchap sess="2011GS">425</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Named driver exclusions.</catchline><subsection number="31A-22-302.5(1)">
A policy of personal lines insurance or combination of personal lines policies purchased to satisfy the owner's or operator's security requirement under Section <xref depth="3" refnumber="41-12a-301" start="0">41-12a-301</xref> may specifically exclude from coverage:
<subsection number="31A-22-302.5(1)(a)">
a person who is a resident of the named insured's household, including a person who usually makes the person's home in the same household but temporarily lives elsewhere; or</subsection><subsection number="31A-22-302.5(1)(b)">
a person who usually or customarily operates the motor vehicle.</subsection></subsection><subsection number="31A-22-302.5(2)">
The named driver exclusion under Subsection <xref depth="4" refnumber="31A-22-302.5(1)" start="0">(1)</xref> is effective only if:
<subsection number="31A-22-302.5(2)(a)">
at the time of the proposed exclusion, each person excluded from coverage satisfies the owner's or operator's security requirement under Section <xref depth="3" refnumber="41-12a-301" start="0">41-12a-301</xref>, independently of the named insured's proof of owner's or operator's security;</subsection><subsection number="31A-22-302.5(2)(b)">
any named insured and the person excluded from coverage each provide written consent to the exclusion; and</subsection><subsection number="31A-22-302.5(2)(c)">
the insurer includes the name of each person excluded from coverage in the evidence of insurance provided to an additional insured or loss payee.</subsection></subsection><subsection number="31A-22-302.5(3)">
The provisions of Subsection <xref depth="4" refnumber="31A-22-302.5(2)(a)" start="0">(2)(a)</xref> do not apply to the named driver exclusion of the person excluded from coverage if the person's driver license has been denied, suspended, or revoked.</subsection><subsection number="31A-22-302.5(4)">
The named driver exclusion shall remain effective until removed by the insurer.</subsection><subsection number="31A-22-302.5(5)">
If the driver license of a person excluded from coverage under Subsection <xref depth="4" refnumber="31A-22-302.5(1)" start="0">(1)</xref> has been denied, suspended, revoked, or disqualified and the person excluded from coverage subsequently operates a motor vehicle, the exclusion shall:
<subsection number="31A-22-302.5(5)(a)">
exclude all liability coverage and all physical damage coverage without regard to the comparative fault of the excluded driver;</subsection><subsection number="31A-22-302.5(5)(b)">
proportionately reduce any benefits otherwise payable to the person excluded from coverage and to any named insured for benefits payable under uninsured motorist coverage, underinsured motorist coverage, personal injury protection coverage, and first party medical coverage to the extent the person excluded from coverage was comparatively at fault; and</subsection><subsection number="31A-22-302.5(5)(c)">
if the person excluded from coverage is 50% or more at fault in causing the accident, bar both the excluded driver and any named insured from recovering any benefits under any coverage listed under Subsection <xref depth="4" refnumber="31A-22-302.5(5)(b)" start="0">(5)(b)</xref>.</subsection></subsection><subsection number="31A-22-302.5(6)">
The named driver exclusion under Subsection <xref depth="4" refnumber="31A-22-302.5(1)" start="0">(1)</xref> does not apply when the person excluded from coverage is:
<subsection number="31A-22-302.5(6)(a)">
a non-driving passenger in a motor vehicle; or</subsection><subsection number="31A-22-302.5(6)(b)">
a pedestrian.</subsection></subsection></section>
