FIRST REGULAR SESSION
SENATE BILL NO. 181
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CRAWFORD.
0655S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 379, RSMo, by adding thereto twenty-one new sections relating to insurance
for certain uses of motor vehicles, 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 1
twenty-one new sections, to be known as sections 379.1900, 2
379.1905, 379.1910, 379.1915, 379.1920, 379.1925, 379.1930, 3
379.1935, 379.1940, 379.1945, 379.1950, 379.1955, 379.1960, 4
379.1965, 379.1970, 379.2000, 379.2005, 379.2010, 379.2015, 5
379.2020, and 379.2025, to read as follows:6
379.1900. Sections 379.1900 to 379.1970 shall be known 1
and may be cited as the "Peer -to-Peer Car Sharing Program 2
Insurance Act". 3
379.1905. Nothing in sections 379.1900 to 379.1970 1
shall be construed to extend beyond insurance or have any 2
implications for sections other than sections 379.1900 to 3
379.1970 including, but not limited to, sections related to 4
motor vehicle regulation, airport regul ation, or taxation. 5
The provisions of sections 379.1900 to 379.1970 shall not be 6
construed to affect any other provision of law. 7
379.1910. For purposes of sections 379.1900 to 1
379.1970, except where otherwise provided, the following 2
terms mean: 3
(1) "Car sharing delivery period", the period of time 4
during which a shared vehicle is being delivered to the 5 SB 181 2
location of the car sharing start time, if applicable, as 6
documented by the governing car sharing program agreement; 7
(2) "Car sharing period", the period of time that 8
commences with the car sharing delivery period or, if there 9
is no car sharing delivery period, that commences with the 10
car sharing start time and in either case ends at the car 11
sharing termination time; 12
(3) "Car sharing program agreement", the terms and 13
conditions applicable to a shared vehicle owner and a shared 14
vehicle driver that govern the use of a shared vehicle 15
through a peer-to-peer car sharing program. The term "car 16
sharing program agreement" does not include a rental 17
agreement as defined in section 407.730; 18
(4) "Car sharing start time", the time when the shared 19
vehicle becomes subject to the control of the shared vehicle 20
driver at or after the time the reservation of a shared 21
vehicle is scheduled to begin as documented in the records 22
of a peer–to–peer car sharing program; 23
(5) "Car sharing termination time", the earliest of 24
the following events: 25
(a) The expiration of the agreed -upon period of time 26
established for the use of a shared vehicle according to the 27
terms of the car sharing program agreement if the shared 28
vehicle is delivered to the location agreed upon in the car 29
sharing program agreement; 30
(b) When the shared vehicle is returned to a location 31
as alternatively agreed upon by the shared vehicle owner and 32
the shared vehicle driver as communicated through a peer -to- 33
peer car sharing program, which alternatively agreed -upon 34
location shall be incorporated into the car sharing program 35
agreement; or 36 SB 181 3
(c) When the shared vehicle owner or the shared 37
vehicle owner's authorized designee takes possession and 38
control of the shared vehicle; 39
(6) "Peer-to-peer car sharing", the authorized use of 40
a vehicle by an individual other than the vehicle's owner 41
through a peer-to-peer car sharing program. The term "peer- 42
to-peer car sharing" does not include a rental car or rental 43
activity as described in section 407.732; 44
(7) "Peer-to-peer car sharing program", a business 45
platform that connects veh icle owners with drivers to enable 46
the sharing of vehicles for financial consideration. The 47
term "peer-to-peer car sharing program" does not include a 48
car rental company as defined in section 407.730; 49
(8) "Shared vehicle", a vehicle that is avail able for 50
sharing through a peer -to-peer car sharing program. The 51
term "shared vehicle" does not include a rental car as 52
described in section 407.732; 53
(9) "Shared vehicle driver", an individual who has 54
been authorized to drive the shared vehicle by the shared 55
vehicle owner under a car sharing program agreement; 56
(10) "Shared vehicle owner", the registered owner, or 57
a person or entity designated by the registered owner, of a 58
vehicle made available for sharing to shared vehicle drivers 59
through a peer-to-peer car sharing program. 60
379.1915. 1. Except as provided in subsection 2 of 1
this section, a peer -to-peer car sharing program shall 2
assume liability of a shared vehicle owner for bodily injury 3
or property damage to thi rd parties or uninsured and 4
underinsured motorist or personal injury protection losses 5
during the car sharing period in an amount stated in the 6
peer-to-peer car sharing program agreement, which amount 7
shall not be less than the amount required under ch apter 303. 8 SB 181 4
2. Notwithstanding the definition of "car sharing 9
termination time" in section 379.1910, the assumption of 10
liability under subsection 1 of this section shall not apply 11
to any shared vehicle owner when: 12
(1) A shared vehicle owner m akes an intentional or 13
fraudulent material misrepresentation or omission to the 14
peer-to-peer car sharing program before the car sharing 15
period in which the loss occurred; or 16
(2) Acting in concert with a shared vehicle driver who 17
fails to return the shared vehicle in accordance with the 18
terms of the car sharing program agreement. 19
3. Notwithstanding the definition of "car sharing 20
termination time" in section 379.1910, the assumption of 21
liability under subsection 1 of this section shall appl y to 22
bodily injury, property damage, uninsured and underinsured 23
motorist, or personal injury protection losses by damaged 24
third parties as required by chapter 303. 25
4. A peer-to-peer car sharing program shall ensure 26
that, during each car sharing p eriod, the shared vehicle 27
owner and the shared vehicle driver are insured under a 28
motor vehicle liability insurance policy that provides 29
insurance coverage in amounts no less than the minimum 30
amounts set forth in chapter 303, and that: 31
(1) Recognizes that the shared vehicle insured under 32
the policy is made available and used through a peer -to-peer 33
car sharing program; or 34
(2) Does not exclude use of a shared vehicle by a 35
shared vehicle driver. 36
5. The insurance described under subsect ion 4 of this 37
section may be satisfied by motor vehicle liability 38
insurance maintained by: 39
(1) A shared vehicle owner; 40 SB 181 5
(2) A shared vehicle driver; 41
(3) A peer-to-peer car sharing program; or 42
(4) A shared vehicle owner, a shared ve hicle driver, 43
and a peer-to-peer car sharing program. 44
6. The insurance described in subsection 5 of this 45
section that is satisfying the insurance requirement of 46
subsection 4 of this section shall be primary during each 47
car sharing period. If a claim occurs in another state with 48
minimum financial responsibility limits higher than the 49
minimum financial responsibility requirements in chapter 303 50
during the car sharing period, the coverage maintained under 51
subsection 5 of this section shall satis fy the difference in 52
minimum coverage amounts up to the applicable policy limits. 53
7. The insurer, insurers, or peer -to-peer car sharing 54
program providing coverage under subsection 4 or 5 of this 55
section shall assume primary liability for a claim w hen: 56
(1) A dispute exists as to who was in control of the 57
shared vehicle at the time of the loss and the peer -to-peer 58
car sharing program does not have available, did not retain, 59
or fails to provide the information required by section 60
379.1930; or 61
(2) A dispute exists as to whether the shared vehicle 62
was returned to the alternatively agreed -upon location as 63
required under paragraph (b) of subdivision (5) of section 64
379.1910. 65
8. If insurance maintained by a shared vehicle owner 66
or shared vehicle driver in accordance with subsection 5 of 67
this section has lapsed or does not provide the required 68
coverage, insurance maintained by a peer -to-peer car sharing 69
program shall provide the coverage required by subsection 4 70
of this section beginning with the first dollar of a claim 71 SB 181 6
and have the duty to defend such claim except under 72
circumstances as set forth in subsection 2 of this section. 73
9. Coverage under an automobile insurance policy 74
maintained by the peer -to-peer car sharing program shall not 75
be dependent on another automobile insurer first denying a 76
claim nor shall another automobile insurance policy be 77
required to first deny a claim. 78
10. Nothing in this section: 79
(1) Limits the liability of the peer -to-peer car 80
sharing program for any act or omission of the peer -to-peer 81
car sharing program itself that results in injury to any 82
person as a result of the use of a shared vehicle through a 83
peer-to-peer car sharing program; or 84
(2) Limits the ability of the pee r-to-peer car sharing 85
program to, by contract, seek indemnification from the 86
shared vehicle owner or the shared vehicle driver for 87
economic loss sustained by the peer -to-peer car sharing 88
program, resulting from a breach of the terms and conditions 89
of the car sharing program agreement. 90
379.1920. At the time when a vehicle owner registers 1
as a shared vehicle owner on a peer -to-peer car sharing 2
program and prior to the time when the shared vehicle owner 3
makes a shared vehicle availa ble for car sharing on the peer - 4
to-peer car sharing program, the peer -to-peer car sharing 5
program shall notify the shared vehicle owner that, if the 6
shared vehicle has a lien against it, the use of the shared 7
vehicle through a peer -to-peer car sharing program, 8
including use without physical damage coverage, may violate 9
the terms of the contract with the lienholder. 10
379.1925. 1. An authorized insurer that writes motor 1
vehicle liability insurance in this state may exclude any 2
and all coverage and the duty to defend or indemnify for any 3 SB 181 7
claim afforded under a shared vehicle owner's motor vehicle 4
liability insurance policy including, but not limited to: 5
(1) Liability coverage for bodily injury and property 6
damage; 7
(2) Personal injury protection coverage; 8
(3) Uninsured and underinsured motorist coverage; 9
(4) Medical payments coverage; 10
(5) Comprehensive physical damage coverage; and 11
(6) Collision physical damage coverage. 12
2. Nothing in sections 379.1900 to 379.1970 13
invalidates or limits an exclusion contained in a motor 14
vehicle liability insurance policy, including any insurance 15
policy in use or approved for use that excludes coverage for 16
motor vehicles made available for rent, sharing, or hire or 17
for any business use. 18
3. Nothing in sections 379.1900 to 379.1970 19
invalidates, limits, or restricts an insurer's ability under 20
existing law to underwrite any insurance policy. Nothing in 21
sections 379.1900 to 379.1970 invalidates, limits , or 22
restricts an insurer's ability under existing law to cancel 23
and nonrenew policies. 24
379.1930. A peer-to-peer car sharing program shall 1
collect and verify records pertaining to the use of a 2
vehicle including, but not limited to, times used, car 3
sharing period pick-up and drop-off locations, fees paid by 4
the shared vehicle driver, and revenues received by the 5
shared vehicle owner. The peer-to-peer car sharing program 6
shall provide such information upon request to the shared 7
vehicle owner, the shared vehicle owner's insurer, or the 8
shared vehicle driver's insurer to facilitate a claim 9
coverage investigation, settlement, negotiation, or 10
litigation. The peer-to-peer car sharing program shall 11 SB 181 8
retain the records for a time per iod not less than the 12
applicable personal injury statute of limitations. 13
379.1935. A peer-to-peer car sharing program and a 1
shared vehicle owner shall be exempt from vicarious 2
liability in accordance with 49 U.S.C. Section 30106 and 3
under any state or local law that imposes liability solely 4
based on vehicle ownership. 5
379.1940. A motor vehicle insurer that defends or 1
indemnifies a claim against a shared vehicle that is 2
excluded under the terms of its policy sha ll have the right 3
to seek recovery against the motor vehicle insurer of the 4
peer-to-peer car sharing program if the claim is: 5
(1) Made against the shared vehicle owner or the 6
shared vehicle driver for loss or injury that occurs during 7
the car sharing period; and 8
(2) Excluded under the terms of its policy. 9
379.1945. 1. Notwithstanding any other law, statute, 1
rule, or regulation to the contrary, a peer -to-peer car 2
sharing program shall have an insurable interest in a sha red 3
vehicle during the car sharing period. 4
2. Nothing in this section creates liability on a peer - 5
to-peer car sharing program to maintain the coverage 6
mandated by section 379.1915. 7
3. A peer–to–peer car sharing program may own and 8
maintain as the named insured one or more policies of motor 9
vehicle liability insurance that provides coverage for: 10
(1) Liabilities assumed by the peer –to–peer car 11
sharing program under a peer –to–peer car sharing program 12
agreement; 13
(2) Any liability of the shared vehicle owner; 14
(3) Damage or loss to the shared vehicle; or 15
(4) Any liability of the shared vehicle driver. 16 SB 181 9
379.1950. Each car sharing program agreement made in 1
this state shall disclose to the shared vehicle owner and 2
the shared vehicle driver: 3
(1) Any right of the peer -to-peer car sharing program 4
to seek indemnification from the shared vehicle owner or the 5
shared vehicle driver for economic loss sustained by the 6
peer-to-peer car sharing program, res ulting from a breach of 7
the terms and conditions of the car sharing program 8
agreement; 9
(2) That a motor vehicle liability insurance policy 10
issued to the shared vehicle owner for the shared vehicle or 11
to the shared vehicle driver does not provide a defense or 12
indemnification for any claim asserted by the peer -to-peer 13
car sharing program; 14
(3) That the peer-to-peer car sharing program's 15
insurance coverage on the shared vehicle owner and the 16
shared vehicle driver is in effect only during eac h car 17
sharing period and that, for any use of the shared vehicle 18
by the shared vehicle driver after the car sharing 19
termination time, the shared vehicle driver and the shared 20
vehicle owner may not have insurance coverage; 21
(4) The daily rate, fees , and if applicable, any 22
insurance or protection package costs that are charged to 23
the shared vehicle owner or the shared vehicle driver; 24
(5) That the shared vehicle owner's motor vehicle 25
liability insurance may not provide coverage for a shared 26
vehicle; 27
(6) An emergency telephone number to personnel capable 28
of fielding roadside assistance and other customer service 29
inquiries; and 30
(7) Whether there are conditions under which a shared 31
vehicle driver is required to maintain a personal automobile 32 SB 181 10
insurance policy with certain applicable coverage limits on 33
a primary basis in order to book a shared motor vehicle. 34
379.1955. 1. A peer-to-peer car sharing program shall 1
not enter into a peer -to-peer car sharing program agreement 2
with a driver unless the driver who will operate the shared 3
vehicle: 4
(1) Holds a driver's license issued by this state that 5
authorizes the driver to operate vehicles of the class of 6
the shared vehicle; 7
(2) Is a nonresident who: 8
(a) Has a driver's license issued by the state or 9
country of the driver's residence that authorizes the driver 10
in that state or country to drive vehicles of the class of 11
the shared vehicle; and 12
(b) Is at least the same age as the age required of a 13
resident to drive in this state; or 14
(3) Otherwise is specifically authorized by this state 15
to drive vehicles of the class of the shared vehicle. 16
2. A peer-to-peer car sharing program shall keep a 17
record of: 18
(1) The name and address of the shared vehicle driver; 19
(2) The number of the driver's license of the shared 20
vehicle driver and of each other person, if any, who will 21
operate the shared vehicle; and 22
(3) The place of issuance of the driver's license. 23
379.1960. A peer-to-peer car sharing program shall 1
have sole responsibility for any equipment, such as a GPS 2
system or other special equipment that is put in or on the 3
vehicle to monitor or facilitate the car sharing 4
transaction, and shall agree t o indemnify and hold harmless 5
the shared vehicle owner for any damage to or theft of such 6
equipment during the car sharing period not caused by the 7 SB 181 11
shared vehicle owner. The peer-to-peer car sharing program 8
has the right to seek indemnity from the sha red vehicle 9
driver for any loss or damage to such equipment that occurs 10
during the car sharing period. 11
379.1965. 1. At the time when a vehicle owner 1
registers as a shared vehicle owner on a peer -to-peer car 2
sharing program and prio r to the time when the shared 3
vehicle owner makes a shared vehicle available for car 4
sharing on the peer-to-peer car sharing program, the peer -to- 5
peer car sharing program shall: 6
(1) Verify that the shared vehicle does not have any 7
safety recalls on the vehicle for which the repairs have not 8
been made; and 9
(2) Notify the shared vehicle owner of the 10
requirements under subsection 2 of this section. 11
2. (1) If the shared vehicle owner has received an 12
actual notice of a safety recall on the vehicle, a shared 13
vehicle owner shall not make a vehicle available as a shared 14
vehicle on a peer-to-peer car sharing program until the 15
safety recall repair has been made. 16
(2) If a shared vehicle owner receives an actual 17
notice of a safety rec all on a shared vehicle while the 18
shared vehicle is made available on the peer -to-peer car 19
sharing program, the shared vehicle owner shall remove the 20
shared vehicle as available on the peer -to-peer car sharing 21
program as soon as practicable after recei ving the notice of 22
the safety recall and until the safety recall repair has 23
been made. 24
(3) If a shared vehicle owner receives an actual 25
notice of a safety recall while the shared vehicle is being 26
used in the possession of a shared vehicle driver, as soon 27
as practicable after receiving the notice of the safety 28 SB 181 12
recall, the shared vehicle owner shall notify the peer -to- 29
peer car sharing program about the safety recall so that the 30
shared vehicle owner may address the safety recall repair. 31
379.1970. The department of commerce and insurance may 1
promulgate all necessary rules and regulations for the 2
administration of sections 379.1900 to 379.1970. Any rule 3
or portion of a rule, as that term is defined in section 4
536.010, that is created under the authority delegated in 5
this section shall become effective only if it complies with 6
and is subject to all of the provisions of chapter 536 and, 7
if applicable, section 536.028. This section and chapter 8
536 are nonseverable and if any of the powers vested with 9
the general assembly pursuant to chapter 536 to review, to 10
delay the effective date, or to disapprove and annul a rule 11
are subsequently held unconstitutional, then the grant of 12
rulemaking authority and any rule pro posed or adopted after 13
the effective date of this section shall be invalid and void. 14
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 purposes of sections 379.2000 to 1
379.2025, the following terms 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 5
available to receive requests to provide delivery services 6
from a 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 SB 181 13
(a) Is a corporation, partnership, sole 12
proprietorship, or other entity; 13
(b) Operates in this state; and 14
(c) Uses a digital network to connect a delivery 15
network company customer to a delivery network company 16
driver to provide delivery se rvices; 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; 24
(5) "Delivery service period", the period that: 25
(a) Begins when a delivery network company driver 26
starts operating a personal vehicle en route to pick up 27
goods for a delivery or series of deliveries as documented 28
through a digital network controlled by a delivery network 29
company; 30
(b) Continues while the delivery network company 31
driver transports the requested d elivery or deliveries; and 32
(c) Ends upon delivery of the requested goods to: 33
a. The location designated by the delivery network 34
company customer or the location designated by the last 35
delivery network company customer in a series of deliverie s; 36
or 37
b. A location designated by the delivery network 38
company, including for purposes of returning the goods; 39
(6) "Delivery services", the fulfillment of delivery 40
requests made by a delivery network company customer through 41
a digital network, including the pickup of any goods by the 42
delivery network company driver and the delivery of the 43 SB 181 14
goods to the location designated by the delivery network 44
company customer. The term "delivery services" may include 45
a series of deliveries to the desi gnated locations of 46
different delivery network company customers; 47
(7) "Digital network", any online application, 48
software, website, or system offered or utilized by a 49
delivery network company that enables deliveries with 50
delivery network company drivers; 51
(8) "Personal vehicle", a motor vehicle that is: 52
(a) Used by a delivery network company driver to 53
provide delivery services through a digital network; and 54
(b) Owned, leased, or otherwise authorized for use by 55
the delivery network company driver. 56
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 a ny 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 dri ver or 10 SB 181 15
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 req uired 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 SB 181 16
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 ei ther 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 investigat ion 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 SB 181 17
ended the delivery availab ility 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 vehicl e 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 wh en: 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 i n 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 SB 181 18
until the delivery network company disc loses 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 comp any 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 indem nify 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 SB 181 19
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 pr oviding 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 sections 379.1900 to 1
379.1970 and sections 379.2000 to 379.2025 of this act shall 2
become effective on October 1, 2026. 3