HB1125: Delivery network companies.

Legislative Summary

Delivery network companies. Amends the law regarding transportation network companies (TNC) to provide that, after June 30, 2024, the primary motor vehicle liability insurance coverage requirement while a TNC driver is logged on to the TNC's digital network, but is not engaged in a prearranged ride, is at least $50,000 per incident for property damage. (Under current law, the coverage requirement is at least $25,000 per incident for property damage.) Provides that, after June 30, 2024: (1) a delivery network company (DNC) driver who connects to a DNC's digital network is an independent contractor of the DNC, and the DNC is not considered to control or manage the DNC driver or to own or manage the personal vehicle used by the DNC driver to provide delivery services; but (2) the DNC driver, or the DNC on the DNC driver's behalf, is required to maintain primary motor vehicle insurance meeting certain requirements on the DNC driver's personal vehicle. Establishes different minimum insurance coverage requirements for a delivery available period than for a delivery service period. Provides that if motor vehicle insurance maintained by a DNC driver lapses or does not provide the required coverage: (1) motor vehicle insurance maintained by the DNC must provide the required coverage beginning with the first dollar of a claim; and (2) the DNC's insurer has a duty to defend the claim. Provides that coverage under a DNC insurer's policy may not be dependent on the denial of a claim by the DNC driver's insurer. Requires a DNC driver, in the event of an accident, upon request, to provide proof of required insurance coverage and to disclose whether the accident occurred during a delivery available period or a delivery service period. Requires a DNC to make certain disclosures in writing to a prospective DNC driver. Authorizes an insurer writing motor vehicle insurance in Indiana to exclude coverage on a personal vehicle owned or operated by a DNC driver for loss or injury occurring during a delivery available period or a delivery service period. Requires a DNC's insurer to assume primary liability for a claim arising from an accident when: (1) a dispute arises as to whether the accident occurred during a delivery available period or a delivery service period; and (2) the DNC does not have, did not retain, or fails to provide precise information on when the delivery available period or delivery service period began or ended.