HB 1789 — Establishes the Delivery Network Company Insurance Act and establishes the standards and requirements for motor vehicle liability insurance coverage

SECOND REGULAR SESSION HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.

1789 103RD GENERAL ASSEMBLY INTRODUCED5450H.04C BYJOSEPH REPRESENTATIVEENGLER, MURPHY.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.

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.

EXPLANATION(a) —Orders Matter enclosed in bold-faced brackets [thus] in the abovedelivery billof isgoods; not enacted and is intended to be omitted from the law.

and EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.

HCS HB 1789 2 (a)(b) OrdersDirects the delivery ofnetwork company driver as to the delivery location for the goods;

and (b) Directs the delivery network company driver as to the delivery location for the goods;

A delivery network company driver is an independent contractor or agent and not an employee of a delivery network company for all purposes;

Sections 379.2000 to 379.2025 doshall not limit the scope of federal or state law regarding delivery or transport of goods.

HCS HB 1789 3 3.

AOperating deliverya networkmotor companyvehicle shall ensure that, during the delivery availability period,period ifshall applicable,not andbe duringconstrued theas deliverycommercial serviceactivity. period, primary motor vehicle liability insurance is in effect that:

2.

A delivery network company shall ensure that during the delivery service period, primary motor vehicle liability insurance is in effect that:

2.3.

During the delivery service period and the delivery availability period, the delivery network company driver or delivery network company, or any combination of the two, shall maintain motor vehicle liability insurance coverage that insures the delivery network company driver for liability to third parties of not less than:

3.

If the insurance coverage maintained by a delivery network company driver under subsections 1 and 2 of this section has lapsed or does not provide the required motor vehicle liability insurance coverage, the following requirements shall apply:

(1) The insurance coverage maintained by the delivery network company shall provide the motor vehicle liability insurance coverage required by subsections 1 and 2 of this section beginning with the first one dollar of a claim;

and (2) The insurance coverage maintained by the delivery network company shall provide that the motor vehicle liability insurer has the duty to defend the claim.

CoverageIf underthe a motor vehicle liability insurance policycoverage maintained by thea delivery network company isdriver notunder dependentsubsections upon2 anotherand motor3 vehicleof liabilitythis insurersection firsthas denyinglapsed aor claimdoes nornot shallprovide anotherthe required motor vehicle liability insurance policycoverage, bethe requiredfollowing torequirements firstshall denyapply: a claim.

(1) The insurance coverage maintained by the delivery network company shall provide the motor vehicle liability insurance coverage required by subsections 2 and 3 of this section beginning with the first one dollar of a claim;

and (2) The insurance coverage maintained by the delivery network company shall provide that the motor vehicle liability insurer has the duty to defend the claim.

InsuranceCoverage coverageunder requireda bymotor thisvehicle sectionliability mayinsurance bepolicy obtainedmaintained fromby anthe insurancedelivery network company licensedis tonot transactdependent businessupon underanother themotor insurancevehicle lawsliability ofinsurer thisfirst statedenying ora byclaim annor eligibleshall surplusanother linesmotor insurervehicle underliability chapterinsurance 384.policy be required to first deny a claim.

TheInsurance coverage required underby subsectionsthis 1section andshall 2be ofobtained thisfrom sectionan shallinsurance becompany deemedlicensed to satisfytransact business under the motorinsurance vehiclelaws financialof responsibilitythis requirementsstate foror aby motoran vehicleeligible surplus lines insurer under chapter 303.384.

HB 1789 4 7.

(1)The Acoverage delivery network company driver shall carry proof of insurance required under subsections 12 and 23 of this section atshall allbe timesdeemed whileto usingsatisfy athe personalmotor vehicle infinancial connectionresponsibility withrequirements for a digitalmotor network.vehicle under chapter 303.

HCS HB 1789 4 8.

(1) A delivery network company driver shall carry proof of insurance required under subsections 2 and 3 of this section at all times while using a personal vehicle in connection with a digital network.

A digital network is not a product under the law.

and (b) Disclose to the directly interested parties, insurers, and investigating law enforcement officers whether the delivery network company driver was operating during the delivery availability period or the delivery service period at the time of the accident.

(3) The insurance coverage information required in section 303.024 mayshall be displayed or provided in either paper or electronic format.

8.9.

and (b) Upon request by directly involved parties or an insurer of directly involved parties, immediately provide the times that a delivery network company driver began and ended the delivery availability period and the delivery service period on the delivery network company's digital network in:

9.

An insurer of a delivery network company providing coverage under subsections 1 and 2 of this section shall assume primary liability for a claim when:

(1) A dispute exists as to when the delivery availability period or the delivery service period began or ended;

and (2) The delivery network company does not have available, did not retain, or fails to provide the information required in subsection 8 of this section.

An insurer of a delivery network company providing coverage under subsections 2 and 3 of this section shall assume primary liability for a claim when:

(1) A dispute exists as to when the delivery service period began or ended;

and (2) The delivery network company does not have available, did not retain, or fails to provide the information required in subsection 8 of this section.