§ 26.1-40.2-03 — Insurance requirements - Delivery network companies and delivery network company drivers

North Dakota § 26.1-40.2-03

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-40.2: Delivery Networks

Text

network company drivers.
1. A delivery network company shall ensure that during the delivery available period, if it
applies, and during the delivery service period, primary automobile liability insurance is
in place which recognizes the driver is a delivery network driver or that does not
exclude coverage for use of a personal vehicle to provide deliveries.
2. During the delivery service period and delivery available period, the delivery network
driver, delivery network company, or any combination of the two shall maintain:
a. Insurance that insures the driver for liability to third parties of not less than fifty
thousand dollars for damages arising out of bodily injury sustained by any one
person in an accident, of not less than one hundred thousand dollars for
damages arising out of bodily injury sustained by all persons injured in an
accident, and of not less than twenty-five thousand dollars for all damages arising
out of damage to or destruction of property in an accident;
b. Uninsured motorist coverage under section 26.1-40-15.2;
c. Underinsured motorist coverage under section 26.1-40-15.3; and
d. Personal injury protection under chapter 26.1-41.
3. If the insurance coverage maintained by a delivery network driver under subsections 1
and 2 has lapsed or does not provide the required coverage, insurance maintained by
the delivery network company must provide the coverage required by subsections 1
and 2 beginning with the first dollar of a claim and the insurance maintained by the
delivery network company has the duty to defend the claim.
4. Coverage under an automobile insurance policy maintained by the delivery network
company may not be dependent on another motor vehicle liability insurer first denying
a claim, or on another motor vehicle liability insurance policy being required to first
deny a claim.
5. Insurance coverage required by this section may be obtained from an insurance
company duly licensed to transact business under title 26.1 or by an eligible surplus
lines broker.
6. During a claim coverage investigation, a delivery network company or a delivery
network company's insurer shall cooperate with all insurers involved in the claim
coverage investigation to facilitate the exchange of information and shall immediately
provide upon request by directly involved parties or any insurer the precise times a
delivery network driver began and ended the delivery available period and delivery
service period on the delivery network company's digital network in the twelve-hour
period immediately preceding the accident and in the twelve-hour period immediately
following the accident. An insurer potentially providing the coverage required in this
section shall disclose upon request by any other insurer involved in the particular
claim, the applicable coverages, exclusions, and limits provided under any automobile
insurance maintained to satisfy the requirements of this section.
7. The insurer of a delivery network company providing coverage under subsections 1
and 2 shall assume primary liability for a claim when a dispute exists as to when the
delivery available period and the delivery service period began or ended and the
delivery network company does not have available, did not retain, or fails to provide
the information required by subsection 6.