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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1789
103RD GENERAL ASSEMBL Y
5450H.04C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 379, RSMo, by adding thereto six new sections relating to delivery network
companies, with a delayed ef fective 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 req uests to
6 pr ovide delivery services fr om a delivery network company;
7 (b) Is operating a personal vehicle; and
8 (c) Is not pr oviding delivery services or operating in the delivery service period;
9 (2) "Delivery network company", an entity that:
10 (a) Is a corporation, partnership, sole pr oprietorship, 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 prov ide delivery services;
14 (3) "Delivery network company customer", a person who:
15 (a) Orders the delivery of goods; and
EXPLANA TION — 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.
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 pr ovides delivery services
19 thr ough a delivery network company's digital network using a personal vehicle. A
20 delivery network company driver is an independent contractor or agent and not an
21 employee of a 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 ro ute to pick up goods for a delivery or series of deliveries as documented
25 thr ough a digital network controlle d by a delivery network company;
26 (b) Continues while the delivery network company driver transports the
27 r equested delivery or deliveries; and
28 (c) Ends upon delivery of the r equested 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 r eturning the goods;
34 (6) "Delivery services", the fulfillment of delivery requ ests made by a delivery
35 network company customer thr ough 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 differ ent
39 delivery network company customers;
40 (7) "Digital network", any online application, software, website, or system
41 offer ed 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 pr ovide delivery services
45 thr ough 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 shall not limit the scope of federal or
2 state law regard ing 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 requ irem ents of that law .
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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 pr evails.
379.2015 . 1. Operating a motor vehicle during the delivery availability period
2 shall not be construed as commer cial activity .
3 2. A delivery network company shall ensur e that during the delivery service
4 period, primary motor vehicle liability insurance is in effect that:
5 (1) Recognizes that the operator of the motor vehicle is a delivery network
6 company driver; or
7 (2) Does not exclude coverage for use of a personal vehicle to pr ovide deliveries.
8 3. During the delivery service period, the delivery network company driver or
9 delivery network company , or any combination of the two, shall maintain motor vehicle
10 liability insurance coverage that insur es the delivery network company driver for
11 liability to third parties of not less than:
12 (1) Fifty thousand dollars for damages arising out of bodily injury sustained by
13 any one person in an accident;
14 (2) One hundred thousand dollars for damages arising out of bodily injury
15 sustained by all persons injur ed in an accident; and
16 (3) T wenty-five thousand dollars for all damages arising out of damage to or
17 destruction of pr operty in an accident.
18 4. If the insurance coverage maintained by a delivery network company driver
19 under subsections 2 and 3 of this section has lapsed or does not provi de the r equir ed
20 motor vehicle liability insurance coverage, the following re quir ements shall apply:
21 (1) The insurance coverage maintained by the delivery network company shall
22 pr ovide the motor vehicle liability insurance coverage re quir ed by subsections 2 and 3 of
23 this section beginning with the first one dollar of a claim; and
24 (2) The insurance coverage maintained by the delivery network company shall
25 pr ovide that the motor vehicle liability insurer has the duty to defend the claim.
26 5. Coverage under a motor vehicle liability insurance policy maintained by the
27 delivery network company is not dependent upon another motor vehicle liability insur er
28 first denying a claim nor shall another motor vehicle liability insurance policy be
29 r equir ed to first deny a claim.
30 6. Insurance coverage re quir ed by this section shall be obtained fro m an
31 insurance company licensed to transact business under the insurance laws of this state
32 or by an eligible surplus lines insur er under chapter 384.
33 7. The coverage requi red under subsections 2 and 3 of this section shall be
34 deemed to satisfy the motor vehicle financial res ponsibility requ irem ents for a motor
35 vehicle under chapter 303.
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36 8. (1) A delivery network company driver shall carry proof of insurance
37 r equir ed under subsections 2 and 3 of this section at all times while using a personal
38 vehicle in connection with a digital network. A digital network is not a prod uct under
39 the law .
40 (2) In the event of an accident, a delivery network company driver shall, upon
41 r equest:
42 (a) Pr ovide insurance coverage information to the dir ectly inter ested parties,
43 insur ers, and investigating law enforcem ent officers; and
44 (b) Disclose to the dir ectly inter ested parties, insur ers, and investigating law
45 enfor cement officers whether the delivery network company driver was operating
46 during the delivery service period at the time of the accident.
47 (3) The insurance coverage information req uired in section 303.024 shall be
48 displayed or pro vided in either paper or electr onic format.
49 9. (1) In a claims coverage investigation, a delivery network company or an
50 insur er of the delivery network company shall:
51 (a) Cooperate with all insur ers that ar e involved in the claims coverage
52 investigation to facilitate the exchange of information; and
53 (b) Upon req uest by directly involved parties or an insure r of directly involved
54 parties, pr ovide the times that a delivery network company driver began the delivery
55 service period on the delivery network company's digital network in:
56 a. The twelve-hour period immediately pr eceding the accident; and
57 b. The twelve-hour period immediately following the accident.
58 (2) An insur er potentially pr oviding the coverage req uired in this section shall
59 disclose upon requ est by any other insure r involved in the particular claim a clear
60 description of the applicable coverage, exclusions, and limits pro vided under any motor
61 vehicle liability insurance policies maintained in order to satisfy the requ irem ents of this
62 section.
63 10. An insur er of a delivery network company prov iding coverage under
64 subsections 2 and 3 of this section shall assume primary liability for a claim when:
65 (1) A dispute exists as to when the delivery service period began or ended; and
66 (2) The delivery network company does not have available, did not ret ain, or
67 fails to prov ide the information requi red in subsection 8 of this section.
68 1 1. A delivery network company shall not be deemed to control , direct, or
69 manage a personal vehicle or delivery network company driver who connects to the
70 delivery network company's digital network except if agr eed to by written contract.
379.2020 . 1. 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
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3 network until the delivery network company discloses in writing or electr onically 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 provi des 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 prov ide any insurance coverage during the delivery service
11 period.
12 2. A delivery network company shall verify that the driver has motor vehicle
13 liability insurance coverage in this state before the driver provi des delivery network
14 services. The verification shall continue at every six-month interval ther eafter , and until
15 such time as the driver continues to pr ovide the delivery network services for the
16 delivery network company .
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 service period.
4 2. The right to exclude all coverage under subsection 1 of this section may apply
5 to any coverage included in the motor vehicle liability insurance policy including, but
6 not limited to:
7 (1) Liability coverage for bodily injury and pr operty damage;
8 (2) Uninsur ed and underinsured motorist coverage;
9 (3) Medical payments coverage;
10 (4) Comprehe nsive physical damage coverage; and
11 (5) Collision physical damage coverage.
12 3. Sections 379.2000 to 379.2025 shall not:
13 (1) Invalidate or limit an exclusion contained in a motor vehicle liability
14 insurance policy , including any insurance policy in use or appr oved for use that excludes
15 coverage for motor vehicles used for delivery or for any business use; or
16 (2) Invalidate, limit, or res trict an insur er's ability under existing law to:
17 (a) Underwrite any insurance policy; or
18 (b) Cancel and nonr enew an insurance policy .
19 4. A motor vehicle liability insur er that defends or indemnifies a claim against a
20 delivery network company driver that is excluded under the terms of its insurance
21 policy may seek rec overy against the insurer prov iding insurance coverage under
22 subsections 2 and 3 of section 379.2015 if the claim:
23 (1) Occurs during the delivery service period; and
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24 (2) Is excluded under the terms of its insurance policy .
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 effectiv e on October 1, 2027.
✔
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