Synopsis
This Amendment does the following: (1) Provides that the policy a foster child or individual under § 9011A(g)(1) of Title 29 procures under the program established under § 9011A of Title 29 is the source of insurance coverage when the child or individual is operating a motor vehicle. (2) Provides that an insurer that issues an insurance policy on a private passenger motor vehicle to an insured who is a foster parent of a foster child may not charge an additional premium for coverage of the foster child while the child is operating the insured’s vehicle if the foster child has procured a separate policy through participation in the program established under § 9011A of Title 29, unless actuarily justified. (3) Because a foster parent cannot sign a license application on behalf of a child in the custody of the Department of Services for Children, Youth and Their Families, the exclusion for liability for foster parents is relocated to § 6106(b) of Title 21, and applies when a child or an individual identified in § 9011A(g)(1) of Title 29 procures a valid policy of insurance through participation in the program established under § 9011A of Title 29. When a child or an individual identified in § 9011A of Title 29 does not procure a separate valid policy of insurance and is instead insured by the private passenger insurance policy of the foster parent, the foster parent may be liable for damages caused by the negligence of the child or individual in driving the foster parent’s vehicle only up to the amount of insurance coverage available to the foster parent under their private passenger insurance policy. (4) Makes necessary conforming amendments based on the other changes made by this Amendment.