§ 8-2.1-19.3-3 — Motor vehicle insurance requirements; proof of coverage

Indiana § 8-2.1-19.3-3

• Jurisdiction: Indiana
• Art. 2.1: MOTOR CARRIER REGULATION
• Ch. 19.3: Delivery Network Companies

Text

(a) A DNC driver, or a DNC on the DNC
driver's behalf, shall maintain primary motor vehicle insurance that
meets the following requirements:
(1) The motor vehicle insurance is issued:
(A) by an insurance company that holds a certificate of
authority to do insurance business in Indiana under IC 27-1-3-20; or
(B) through a surplus lines producer licensed under IC 27-1-15.8.
(2) The language of the motor vehicle insurance policy:
(A) recognizes that the driver is a DNC driver or otherwise uses
the personal vehicle to provide delivery services; and
(B) covers the driver during the delivery available period and
the delivery service period.
(3) The motor vehicle insurance must meet the following
coverage requirements during the delivery available period:
(A) Primary motor vehicle liability insurance in an amount
equal to at least:
(i) fifty thousand dollars ($50,000) per person for death and
bodily injury;
(ii) one hundred thousand dollars ($100,000) per incident for
death and bodily injury; and
(iii) fifty thousand dollars ($50,000) per incident for property
damage.
(B) The insurance required by clause (A) may be provided by
any of the following:
(i) Motor vehicle insurance maintained by the DNC driver.
(ii) Motor vehicle insurance maintained by the DNC.
(iii) Motor vehicle insurance maintained by any combination
of persons or entities under items (i) and (ii).
(4) The motor vehicle insurance must meet the following
coverage during the delivery service period:
(A) Primary motor vehicle liability insurance in an amount
equal to at least one million dollars ($1,000,000) per incident
for death, bodily injury, and property damage.
(B) The insurance required by clause (A) may be provided by
any of the following:
(i) Motor vehicle insurance maintained by the DNC driver.
(ii) Motor vehicle insurance maintained by the DNC.
(iii) Motor vehicle insurance maintained by any combination
of persons or entities under items (i) and (ii).
(b) If motor vehicle insurance maintained by a DNC driver as
described in subsection (a) 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 insurance company that issues the motor vehicle insurance
described in subdivision (1) has a duty to defend the claim
described in subdivision (1).
(c) Coverage under motor vehicle insurance maintained by a DNC
may not be dependent on a personal motor vehicle insurance company's
first denying a claim for coverage under a personal motor vehicle
insurance policy, nor may a personal motor vehicle insurance company
be required to first deny a claim.
(d) A motor vehicle insurance policy that meets the coverage
requirements of subsection (a) satisfies the financial responsibility
requirement of IC 9-25 during the delivery available period and
delivery service period.
(e) A DNC driver shall do the following:
(1) At all times during which the DNC driver uses a personal
vehicle in connection with a DNC's digital network, carry proof
of the coverage required by subsection (a).
(2) In the event of an accident, upon request, provide to directly
interested parties, motor vehicle insurance companies, and
investigating law enforcement officers:
(A) the proof described in subdivision (1); and
(B) a disclosure of whether the DNC driver was operating
during the:
(i) delivery available period; or
(ii) delivery service period;
at the time of the accident.
Information provided under this subdivision may be provided in
electronic form under IC 27-1-43-3, as applicable.

Legislative History

As added by P.L.215-2023, SEC.10.