HOUSE BILL NO. 1789 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MURPHY.
5450H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 379, RSMo, by adding thereto six new sections relating to delivery network companies, with a delayed effective date.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 379, RSMo, is amended by adding thereto six new sections, to be 2 known as sections 379.2000, 379.2005, 379.2010, 379.2015, 379.2020, and 379.2025, to read 3 as follows: 379.2000. Sections 379.2000 to 379.2025 shall be known and may be cited as the 2 "Delivery Network Company Insurance Act". 379.2005. For purposes of sections 379.2000 to 379.2025, the following terms 2 mean: 3 (1) "Delivery availability period", the period when a delivery network company 4 driver: 5 (a) Has logged on to a digital network and is eligible to receive requests to 6 provide delivery services from a delivery network company; 7 (b) Is operating a personal vehicle; and 8 (c) Is not providing delivery services or operating in the delivery service period; 9 (2) "Delivery network company", an entity that: 10 (a) Is a corporation, partnership, sole proprietorship, or other entity; 11 (b) Operates in this state; and 12 (c) Uses a digital network to connect a delivery network company customer to a 13 delivery network company driver to provide delivery services; 14 (3) "Delivery network company customer", a person who:
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1789 2
15 (a) Orders the delivery of goods; and 16 (b) Directs the delivery network company driver as to the delivery location for 17 the goods; 18 (4) "Delivery network company driver", a person who provides delivery services 19 through a delivery network company's digital network using a personal vehicle. A 20 delivery network company driver is an independent contractor and not an employee of a 21 delivery network company for all purposes; 22 (5) "Delivery service period", the period that: 23 (a) Begins when a delivery network company driver starts operating a personal 24 vehicle en route to pick up goods for a delivery or series of deliveries as documented 25 through a digital network controlled by a delivery network company; 26 (b) Continues while the delivery network company driver transports the 27 requested delivery or deliveries; and 28 (c) Ends upon delivery of the requested goods to: 29 a. The location designated by the delivery network company customer or the 30 location designated by the last delivery network company customer in a series of 31 deliveries; or 32 b. A location designated by the delivery network company, including for 33 purposes of returning the goods; 34 (6) "Delivery services", the fulfillment of delivery requests made by a delivery 35 network company customer through a digital network, including the pickup of any 36 goods by the delivery network company driver and the delivery of the goods to the 37 location designated by the delivery network company customer. The term "delivery 38 services" may include a series of deliveries to the designated locations of different 39 delivery network company customers; 40 (7) "Digital network", any online application, software, website, or system 41 offered or utilized by a delivery network company that enables deliveries with delivery 42 network company drivers; 43 (8) "Personal vehicle", a motor vehicle that is: 44 (a) Used by a delivery network company driver to provide delivery services 45 through a digital network; and 46 (b) Owned, leased, or otherwise authorized for use by the delivery network 47 company driver. 379.2010. 1. Sections 379.2000 to 379.2025 do not limit the scope of federal or 2 state law regarding delivery or transport of goods. 3 2. A delivery made under sections 379.2000 to 379.2025 that is subject to any 4 other law shall comply with the requirements of that law. HB 1789 3
5 3. If a conflict arises between sections 379.2000 to 379.2025 and another law 6 dealing with the delivery or transport of goods, the other law prevails. 379.2015. 1. A delivery network company shall ensure that, during the delivery 2 availability period, if applicable, and during the delivery service period, primary motor 3 vehicle liability insurance is in effect that: 4 (1) Recognizes that the operator of the motor vehicle is a delivery network 5 company driver; or 6 (2) Does not exclude coverage for use of a personal vehicle to provide deliveries. 7 2. During the delivery service period and the delivery availability period, the 8 delivery network company driver or delivery network company, or any combination of 9 the two, shall maintain motor vehicle liability insurance coverage that insures the 10 delivery network company driver for liability to third parties of not less than: 11 (1) Fifty thousand dollars for damages arising out of bodily injury sustained by 12 any one person in an accident; 13 (2) One hundred thousand dollars for damages arising out of bodily injury 14 sustained by all persons injured in an accident; and 15 (3) Twenty-five thousand dollars for all damages arising out of damage to or 16 destruction of property in an accident. 17 3. If the insurance coverage maintained by a delivery network company driver 18 under subsections 1 and 2 of this section has lapsed or does not provide the required 19 motor vehicle liability insurance coverage, the following requirements shall apply: 20 (1) The insurance coverage maintained by the delivery network company shall 21 provide the motor vehicle liability insurance coverage required by subsections 1 and 2 of 22 this section beginning with the first one dollar of a claim; and 23 (2) The insurance coverage maintained by the delivery network company shall 24 provide that the motor vehicle liability insurer has the duty to defend the claim. 25 4. Coverage under a motor vehicle liability insurance policy maintained by the 26 delivery network company is not dependent upon another motor vehicle liability insurer 27 first denying a claim nor shall another motor vehicle liability insurance policy be 28 required to first deny a claim. 29 5. Insurance coverage required by this section may be obtained from an 30 insurance company licensed to transact business under the insurance laws of this state 31 or by an eligible surplus lines insurer under chapter 384. 32 6. The coverage required under subsections 1 and 2 of this section shall be 33 deemed to satisfy the motor vehicle financial responsibility requirements for a motor 34 vehicle under chapter 303. HB 1789 4
35 7. (1) A delivery network company driver shall carry proof of insurance 36 required under subsections 1 and 2 of this section at all times while using a personal 37 vehicle in connection with a digital network. 38 (2) In the event of an accident, a delivery network company driver shall, upon 39 request: 40 (a) Provide insurance coverage information to the directly interested parties, 41 insurers, and investigating law enforcement officers; and 42 (b) Disclose to the directly interested parties, insurers, and investigating law 43 enforcement officers whether the delivery network company driver was operating 44 during the delivery availability period or the delivery service period at the time of the 45 accident. 46 (3) The insurance coverage information required in section 303.024 may be 47 displayed or provided in either paper or electronic format. 48 8. (1) In a claims coverage investigation, a delivery network company or an 49 insurer of the delivery network company shall: 50 (a) Cooperate with all insurers that are involved in the claims coverage 51 investigation to facilitate the exchange of information; and 52 (b) Upon request by directly involved parties or an insurer of directly involved 53 parties, immediately provide the times that a delivery network company driver began 54 and ended the delivery availability period and the delivery service period on the delivery 55 network company's digital network in: 56 a. The twelve-hour period immediately preceding the accident; and 57 b. The twelve-hour period immediately following the accident. 58 (2) An insurer potentially providing the coverage required in this section shall 59 disclose upon request by any other insurer involved in the particular claim a clear 60 description of the applicable coverage, exclusions, and limits provided under any motor 61 vehicle liability insurance policies maintained in order to satisfy the requirements of this 62 section. 63 9. An insurer of a delivery network company providing coverage under 64 subsections 1 and 2 of this section shall assume primary liability for a claim when: 65 (1) A dispute exists as to when the delivery availability period or the delivery 66 service period began or ended; and 67 (2) The delivery network company does not have available, did not retain, or 68 fails to provide the information required in subsection 8 of this section. 69 10. A delivery network company shall not be deemed to control, direct, or 70 manage a personal vehicle or delivery network company driver who connects to the 71 delivery network company's digital network except if agreed to by written contract. HB 1789 5
379.2020. A delivery network company shall not permit a delivery network 2 company driver to engage in delivery services on the delivery network company's digital 3 network until the delivery network company discloses in writing or electronically to the 4 delivery network company driver: 5 (1) The insurance coverage including, but not limited to, the types of coverage 6 and the limits for each coverage that the delivery network company provides while the 7 delivery network company driver uses a personal vehicle in connection with the delivery 8 network company's digital network; and 9 (2) That the delivery network company driver's own motor vehicle liability 10 insurance policy may not provide any insurance coverage during the delivery 11 availability period, if applicable, or the delivery service period. 379.2025. 1. An insurer that is licensed to write motor vehicle liability insurance 2 in this state may exclude coverage and deny the duty to defend or indemnify for a claim 3 of injury or loss that occurs during the delivery availability period or the delivery 4 service period. 5 2. The right to exclude all coverage under subsection 1 of this section may apply 6 to any coverage included in the motor vehicle liability insurance policy including, but 7 not limited to: 8 (1) Liability coverage for bodily injury and property damage; 9 (2) Uninsured and underinsured motorist coverage; 10 (3) Medical payments coverage; 11 (4) Comprehensive physical damage coverage; and 12 (5) Collision physical damage coverage. 13 3. Sections 379.2000 to 379.2025 do not: 14 (1) Invalidate or limit an exclusion contained in a motor vehicle liability 15 insurance policy, including any insurance policy in use or approved for use that excludes 16 coverage for motor vehicles used for delivery or for any business use; or 17 (2) Invalidate, limit, or restrict an insurer's ability under existing law to: 18 (a) Underwrite any insurance policy; or 19 (b) Cancel and nonrenew an insurance policy. 20 4. A motor vehicle liability insurer that defends or indemnifies a claim against a 21 delivery network company driver that is excluded under the terms of its insurance 22 policy may seek recovery against the insurer providing insurance coverage under 23 subsections 1 and 2 of section 379.2015 if the claim: 24 (1) Occurs during the delivery availability period or the delivery service period; 25 and 26 (2) Is excluded under the terms of its insurance policy. HB 1789 6
Section B. The enactment of sections 379.2000, 379.2005, 379.2010, 379.2015, 2 379.2020, and 379.2025 of section A of this act shall become effective on October 1, 2027. ✔
Statutes affected: