S T A T E O F N E W Y O R K
________________________________________________________________________
1162--A
2025-2026 Regular Sessions
I N S E N A T E
January 8, 2025
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, in relation to requiring
third-party food delivery services maintain insurance through a group
policy that covers bodily injury or death arising out of or resulting
from qualifying accidents involving a delivery person
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 1 of section 391-v of the
general business law, as added by chapter 693 of the laws of 2021, is
amended and three new paragraphs (e), (f), and (g) are added to read as
follows:
(d) "Third-party food delivery platform" means the online or mobile
platform of the third-party food delivery service on which a consumer
can view products available for sale and place an order for a food
service establishment's products OR ON WHICH A DELIVERY DRIVER CAN
ACCEPT AND FACILITATE ORDERS.
(E) "DELIVERY DRIVER" MEANS ANY INDIVIDUAL WHO CONVEYS PRODUCTS FROM A
FOOD SERVICE ESTABLISHMENT TO A CONSUMER ON BEHALF OF A THIRD-PARTY FOOD
DELIVERY SERVICE. FOR THE PURPOSES OF THIS PARAGRAPH, MULTIPLE DELIVERY
DRIVERS WHO SHARE ONE ACCOUNT WITH A THIRD-PARTY FOOD DELIVERY SERVICE
SHALL EACH QUALIFY AS A DELIVERY DRIVER.
(F) "QUALIFYING ACCIDENT" MEANS A VEHICULAR ACCIDENT INVOLVING A
DELIVERY DRIVER THAT OCCURS WHILE THE DELIVERY DRIVER IS LOGGED INTO A
THIRD-PARTY FOOD DELIVERY PLATFORM AND CONVEYING PRODUCTS FROM A FOOD
SERVICE ESTABLISHMENT TO A CONSUMER ON BEHALF OF A THIRD-PARTY FOOD
DELIVERY SERVICE.
(G) "QUALIFYING VEHICLE" MEANS ANY TWO OR THREE-WHEELED VEHICLE, OTHER
THAN A MOTOR VEHICLE OR MOTORCYCLE THAT CARRIES ITS OWN LIABILITY INSUR-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00494-04-5
S. 1162--A 2
ANCE PER THE REQUIREMENTS OF ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW,
AT THE TIME OF THE QUALIFYING ACCIDENT.
§ 2. Section 391-v of the general business law is amended by adding a
new subdivision 3 to read as follows:
3. EACH THIRD-PARTY FOOD DELIVERY SERVICE SHALL MAINTAIN INSURANCE
THROUGH A GROUP POLICY THAT COVERS BODILY INJURY OR DEATH ARISING OUT OF
OR RESULTING FROM QUALIFYING ACCIDENTS INVOLVING A DELIVERY PERSON
SUBJECT TO THE FOLLOWING PROVISIONS:
(A) BENEFITS SHALL BE LIMITED TO ONLY THOSE QUALIFYING ACCIDENTS
INVOLVING DELIVERY PERSONS WHO ARE OPERATING A QUALIFYING VEHICLE.
(B) BENEFITS SHALL BE LIMITED TO PAYMENTS FOR BASIC ECONOMIC LOSSES UP
TO FIFTY THOUSAND DOLLARS PER PERSON. FOR THE PURPOSE OF DETERMINING
BASIC ECONOMIC LOSS, QUALIFYING EXPENSES SHALL BE DETERMINED IN ACCORD-
ANCE WITH THE DEFINITIONS AND LIMITATIONS OF SECTION FIVE THOUSAND ONE
HUNDRED TWO OF THE INSURANCE LAW.
(C) THE POLICY OF LIABILITY INSURANCE MAINTAINED BY THE THIRD-PARTY
FOOD DELIVERY SERVICE IN ACCORDANCE WITH THIS SECTION SHALL PROVIDE FOR
THE PAYMENT OF BENEFITS FOR QUALIFYING ACCIDENTS TO ALL PERSONS, OTHER
THAN THOSE EXPLICITLY EXCLUDED IN THIS SUBDIVISION, FOR LOSS ARISING OUT
OF THE USE OR OPERATION OF A QUALIFYING VEHICLE BY A DELIVERY DRIVER IN
NEW YORK. PERSONS ELIGIBLE FOR BENEFITS SHALL INCLUDE, BUT ARE NOT
LIMITED TO: (I) DELIVERY DRIVERS; (II) PEDESTRIANS; AND (III) CYCLISTS
WHO ARE NOT DELIVERY DRIVERS WHO EXPERIENCE BASIC ECONOMIC LOSS IN
ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION.
PERSONS SHALL BE ELIGIBLE FOR BENEFITS IRRESPECTIVE OF STATE RESIDENCY
OR CITIZENSHIP STATUS SO LONG AS THE QUALIFYING ACCIDENT OCCURS IN NEW
YORK. THE PAYMENT OF BENEFITS SHALL BE AWARDED IRRESPECTIVE OF WHO WAS
AT FAULT, LIABLE, OR RESPONSIBLE FOR THE QUALIFYING ACCIDENT. OCCUPANTS
OF A MOTOR VEHICLE AND OCCUPANTS OF A MOTORCYCLE THAT CARRIES ITS OWN
LIABILITY INSURANCE PER THE REQUIREMENTS OF ARTICLE SIX OF THE VEHICLE
AND TRAFFIC LAW SHALL NOT BE ELIGIBLE FOR BENEFITS.
(D) AN INSURER MAY EXCLUDE FROM COVERAGE REQUIRED BY THIS SECTION THE
FOLLOWING INDIVIDUALS:
(I) A DELIVERY DRIVER WHO INTENTIONALLY CAUSES THEIR OWN INJURY OR WHO
IS INJURED AS A RESULT OF EXHIBITING DANGEROUS CONDUCT WHILE IN AN
INTOXICATED CONDITION OR WHILE IMPAIRED BY THE USE OF A DRUG, OR
(II) ANY OTHER PERSON WHO INTENTIONALLY CAUSES THEIR OWN INJURY OR WHO
IS INJURED AS A RESULT OF EXHIBITING DANGEROUS CONDUCT WHILE IN AN
INTOXICATED CONDITION OR WHILE IMPAIRED BY THE USE OF A DRUG.
(E) INSURANCE MAINTAINED BY ANY THIRD-PARTY FOOD DELIVERY SERVICE TO
SATISFY THE REQUIREMENTS OF THIS SECTION SHALL BE OFFERED WITHOUT A
DEDUCTIBLE, AND THE EXPENSES ASSOCIATED WITH MAINTAINING SUCH INSURANCE
MAY NOT BE PASSED ON TO CONSUMERS USING THE THIRD-PARTY DELIVERY PLAT-
FORM IN POLITICAL SUBDIVISIONS WHERE DELIVERY DRIVERS ARE NOT CONVEYING
PRODUCTS USING QUALIFYING VEHICLES. A THIRD-PARTY FOOD DELIVERY SERVICE
MAY MAINTAIN INSURANCE TO SATISFY THE REQUIREMENTS OF THIS SECTION
THROUGH A THIRD-PARTY INSURER, SO LONG AS THE REQUIREMENTS OF THIS
SECTION ARE MET. THE INSURANCE POLICY MUST BE WRITTEN BY AN INSURER
LICENSED TO WRITE INSURANCE IN THIS STATE OR PROCURED BY A DULY LICENSED
EXCESS LINE BROKER PURSUANT TO SECTION TWO THOUSAND ONE HUNDRED EIGHTEEN
OF THE INSURANCE LAW, PROVIDED THAT THE OBLIGATION TO DETERMINE WHETHER
THE INSURANCE REQUIRED BY THIS SECTION IS UNAVAILABLE FROM INSURERS
AUTHORIZED TO WRITE INSURANCE IN THIS STATE SHALL BE MADE PRIOR TO THE
INITIAL PLACEMENT AND AT EACH RENEWAL OF A POLICY.
(F) INSURANCE OFFERED BY ANY THIRD-PARTY FOOD DELIVERY SERVICE TO
SATISFY THE REQUIREMENTS OF THIS SECTION SHALL BE PRIMARY OVER OTHER
S. 1162--A 3
APPLICABLE INSURANCE POLICIES THAT WOULD OTHERWISE COVER THE BASIC
ECONOMIC LOSSES DEFINED IN THIS SECTION.
(G) A DELIVERY DRIVER SHALL RECEIVE BENEFITS IN ACCORDANCE WITH THIS
SECTION IRRESPECTIVE OF THE DELIVERY DRIVER'S IMMIGRATION STATUS OR
STATUS AS AN INDEPENDENT CONTRACTOR. A DELIVERY DRIVER INTERFACING WITH
A THIRD-PARTY FOOD DELIVERY SERVICE AT THE TIME OF A QUALIFYING ACCIDENT
SHALL RECEIVE BENEFITS IN ACCORDANCE WITH THIS SECTION IRRESPECTIVE OF
WHETHER THE DELIVERY DRIVER'S VEHICLE IS IN COMPLIANCE WITH FEDERAL,
STATE, OR LOCAL REQUIREMENTS, INCLUDING REGISTRATION REQUIREMENTS.
(H) (I) THE THIRD-PARTY FOOD DELIVERY SERVICE AND PLATFORM SHALL NOT
TAKE ANY ADVERSE ACTION AGAINST A DELIVERY DRIVER, INCLUDING BUT NOT
LIMITED TO DEACTIVATION, REDUCTION OF WORK HOURS OR OFFERS OR ORDERS, OR
ANY FORM OF DISCIPLINE, AGAINST ANY DELIVERY DRIVER FOR EXERCISING THEIR
RIGHT TO REQUEST THAT THE COMPANY PAY FOR AN INSURANCE POLICY AND TAKE
RESPONSIBILITY FOR ACCIDENTS THAT CAN BE REASONABLY PROVEN TO HAVE
OCCURRED WHILE THE WORKER WAS CONVEYING PRODUCTS FROM A FOOD SERVICE
ESTABLISHMENT TO A CONSUMER ON BEHALF OF THE THIRD-PARTY FOOD DELIVERY
SERVICE OR PLATFORM.
(II) IF A DELIVERY DRIVER IS DEACTIVATED FOLLOWING THE FILING OF A
CLAIM OR RECEIPT OF BENEFITS, THE THIRD-PARTY FOOD DELIVERY SERVICE OR
PLATFORM MUST PROVIDE A WRITTEN EXPLANATION DETAILING THE REASONS FOR
DEACTIVATION, SUPPORTED BY CLEAR AND DOCUMENTED EVIDENCE.
(III) IN ANY CASE WHERE A DELIVERY DRIVER IS DEACTIVATED AS A RESULT
OF FILING FOR THE COMPANY TO PAY FOR THE PERSONAL INSURANCE CLAIM UNDER
THE INSURANCE POLICY, THE WORKER SHALL BE REINSTATED IMMEDIATELY UPON
CONFIRMATION THAT THE DEACTIVATION WAS LINKED TO THE CLAIM FILING.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
