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SECOND REGULAR SESSION
SENATE BILL NO. 915
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
5614S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 379, RSMo, by adding thereto six new sections relating to insurance coverage
for certain delivery network companies, with an 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 1
six new sections, to be known as sections 379.2000, 379.2005, 2
379.2010, 379.2015, 379.2020, and 379.2025, to read as follows:3
379.2000. Sections 379.2000 to 379.2025 shall be known 1
and may be cited as the "Delivery Network Company Insurance 2
Act". 3
379.2005. For the purposes of sections 379.2000 to 1
379.2025, the following terms shall mean: 2
(1) "Delivery availability period", the period when a 3
delivery network company driver: 4
(a) Has logged on to a digital network and is eligible 5
to receive requests to provide delivery services from a 6
delivery network company; 7
(b) Is operating a personal vehicle; and 8
(c) Is not providing delivery services or operating in 9
the delivery service period; 10
(2) "Delivery network company", an entity that: 11
(a) Is a corporation, partnership, sole 12
proprietorship, or other entity; 13
(b) Operates in this state; and 14
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(c) Uses a digital network to connect a delivery 15
network company customer to a delivery network company 16
driver to provide delivery services; 17
(3) "Delivery network company customer", a person who: 18
(a) Orders the delivery of goods; and 19
(b) Directs the delivery network company driver as to 20
the delivery location for the goods; 21
(4) "Delivery network company driver", an individual 22
who provides delivery services through a delivery network 23
company's digital network using a personal vehicle. A 24
delivery network company driver is an independent contractor 25
and not an employee of a delivery network company for all 26
purposes; 27
(5) "Delivery service period", the period that: 28
(a) Begins when a delivery network company driver 29
starts operating a personal vehicle en route to pick up 30
goods for a delivery or series of deliveries as documented 31
through a digital network controlled by a delivery network 32
company; 33
(b) Continues while the delivery network company 34
driver transports the requested delivery or deliveries; and 35
(c) Ends upon delivery of the requested goods to: 36
a. The location designated by the delivery network 37
company customer or the location designated by the last 38
delivery network company customer in a series of deliveries; 39
or 40
b. A location designated by the delivery network 41
company, including for purposes of returning the goods; 42
(6) "Delivery services", the fulfillment of delivery 43
requests made by a delivery network company customer through 44
a digital network, including the pickup of any goods by the 45
delivery network company driver and the delivery of the 46
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goods to the location designated by the delivery network 47
company customer. The term "delivery services" may include 48
a series of deliveries to the designated locations of 49
different delivery network company customers; 50
(7) "Digital network", any online application, 51
software, website, or system offered or utilized by a 52
delivery network company that enables deliveries with 53
delivery network company drivers; 54
(8) "Personal vehicle", a motor vehicle that is: 55
(a) Used by a delivery network company driver to 56
provide delivery services through a digital network; and 57
(b) Owned, leased, or otherwise authorized for use by 58
the delivery network company driver. 59
379.2010. 1. Sections 379.2000 to 379.2025 do not 1
limit the scope of federal or state law regarding delivery 2
or transport of goods. 3
2. A delivery made under sections 379.2000 to 379.2025 4
that is subject to any other law shall comply with the 5
requirements of that law. 6
3. If a conflict between sections 379.2000 to 379.2025 7
and another law dealing with the delivery or transport of 8
goods arises, the other law prevails. 9
379.2015. 1. A delivery network company shall ensure 1
that, during the delivery availability period, if 2
applicable, and during the delivery service period, primary 3
motor vehicle liability insurance is in effect that: 4
(1) Recognizes that the operator of the motor vehicle 5
is a delivery network company driver; or 6
(2) Does not exclude coverage for use of a personal 7
vehicle to provide deliveries. 8
2. During the delivery service period and the delivery 9
availability period, the delivery network company driver or 10
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delivery network company, or any combination of the two, 11
shall maintain motor vehicle liability insurance coverage 12
that insures the delivery network company driver for 13
liability to third parties of not less than: 14
(1) Fifty thousand dollars for damages arising out of 15
bodily injury sustained by any one person in an accident; 16
(2) One hundred thousand dollars for damages arising 17
out of bodily injury sustained by all persons injured in an 18
accident; and 19
(3) Twenty-five thousand dollars for all damages 20
arising out of damage to or destruction of property in an 21
accident. 22
3. If the insurance coverage maintained by a delivery 23
network company driver under subsections 1 and 2 of this 24
section has lapsed or does not provide the required motor 25
vehicle liability insurance coverage, the following 26
requirements shall apply: 27
(1) The insurance coverage maintained by the delivery 28
network company shall provide the motor vehicle liability 29
insurance coverage required by subsections 1 and 2 of this 30
section beginning with the first one dollar of a claim; and 31
(2) The insurance coverage maintained by the delivery 32
network company shall provide that the motor vehicle 33
liability insurer has the duty to defend the claim. 34
4. Coverage under a motor vehicle liability insurance 35
policy maintained by the delivery network company is not 36
dependent upon another motor vehicle liability insurer first 37
denying a claim, nor shall another motor vehicle liability 38
insurance policy be required to first deny a claim. 39
5. Insurance coverage required by this section may be 40
obtained from an insurance company licensed to transact 41
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business under the insurance laws of this state or by an 42
eligible surplus lines insurer under chapter 384. 43
6. The coverage required under subsections 1 and 2 of 44
this section shall be deemed to satisfy the motor vehicle 45
financial responsibility requirements for a motor vehicle 46
under chapter 303. 47
7. (1) A delivery network company driver shall carry 48
proof of insurance required under subsections 1 and 2 of 49
this section at all times while using a personal vehicle in 50
connection with a digital network. 51
(2) In the event of an accident, a delivery network 52
company driver shall, upon request: 53
(a) Provide insurance coverage information to the 54
directly interested parties, insurers, and investigating law 55
enforcement officers; and 56
(b) Disclose to the directly interested parties, 57
insurers, and investigating law enforcement officers whether 58
the delivery network company driver was operating during the 59
delivery availability period or the delivery service period 60
at the time of the accident. 61
(3) The insurance coverage information required in 62
section 303.024 may be displayed or provided in either paper 63
or electronic format. 64
8. (1) In a claims coverage investigation, a delivery 65
network company or an insurer of the delivery network 66
company shall: 67
(a) Cooperate with all insurers that are involved in 68
the claims coverage investigation to facilitate the exchange 69
of information; and 70
(b) Upon request by directly involved parties or an 71
insurer of directly involved parties, immediately provide 72
the times that a delivery network company driver began and 73
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ended the delivery availability period and the delivery 74
service period on the delivery network company's digital 75
network in: 76
a. The twelve-hour period immediately preceding the 77
accident; and 78
b. The twelve-hour period immediately following the 79
accident. 80
(2) An insurer potentially providing the coverage 81
required in this section shall disclose upon request by any 82
other insurer involved in the particular claim a clear 83
description of the applicable coverage, exclusions, and 84
limits provided under any motor vehicle liability insurance 85
policies maintained in order to satisfy the requirements of 86
this section. 87
9. An insurer of a delivery network company providing 88
coverage under subsections 1 and 2 of this section shall 89
assume primary liability for a claim when: 90
(1) A dispute exists as to when the delivery 91
availability period or the delivery service period began or 92
ended; and 93
(2) The delivery network company does not have 94
available, did not retain, or fails to provide the 95
information required in subsection 7 of this section. 96
10. A delivery network company shall not be deemed to 97
control, direct, or manage a personal vehicle or delivery 98
network company driver who connects to the delivery network 99
company's digital network except if agreed to by written 100
contract. 101
379.2020. A delivery network company shall not permit 1
a delivery network company driver to engage in delivery 2
services on the delivery network company's digital network 3
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until the delivery network company discloses in writing to 4
the delivery network company driver: 5
(1) The insurance coverage, including, but not limited 6
to, the types of coverage and the limits for each coverage, 7
that the delivery network company provides while the 8
delivery network company driver uses a personal vehicle in 9
connection with a delivery network company's digital 10
network; and 11
(2) That the delivery network company driver's own 12
motor vehicle liability insurance policy may not provide any 13
insurance coverage during the delivery availability period, 14
if applicable, or the delivery service period. 15
379.2025. 1. An insurer that is licensed to write 1
motor vehicle liability insurance in this state may exclude 2
coverage and deny the duty to defend or indemnify for a 3
claim of injury or loss that occurs during the delivery 4
availability period and the delivery service period. 5
2. The right to exclude all coverage under subsection 6
1 of this section may apply to any coverage included in the 7
motor vehicle liability insurance policy including, but not 8
limited to: 9
(1) Liability coverage for bodily injury and property 10
damage; 11
(2) Uninsured and underinsured motorist coverage; 12
(3) Medical payments coverage; 13
(4) Comprehensive physical damage coverage; and 14
(5) Collision physical damage coverage. 15
3. Sections 379.2000 to 379.2025 do not: 16
(1) Invalidate or limit an exclusion contained in a 17
motor vehicle liability insurance policy, including any 18
insurance policy in use or approved for use that excludes 19
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coverage for motor vehicles used for delivery or for any 20
business use; or 21
(2) Invalidate, limit, or restrict an insurer's 22
ability under existing law to: 23
(a) Underwrite any insurance policy; or 24
(b) Cancel and nonrenew an insurance policy. 25
4. A motor vehicle liability insurer that defends or 26
indemnifies a claim against a delivery network company 27
driver that is excluded under the terms of its insurance 28
policy may seek recovery against the insurer providing 29
insurance coverage under subsections 1 and 2 of section 30
379.2015 if the claim: 31
(1) Occurs during the delivery availability period or 32
the delivery service period; and 33
(2) Is excluded under the terms of its insurance 34
policy. 35
Section B. The enactment of section A of this act 1
shall become effective on October 1, 2027. 2
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