S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8871
 
                           I N  A S S E M B L Y
 
                             January 25, 2024
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 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 CUSTOMER 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 WORKING ON BEHALF OF A THIRD-PAR-
 TY FOOD DELIVERY SERVICE.
   (G) "QUALIFYING VEHICLE" MEANS ANY TWO OR THREE-WHEELED VEHICLE, OTHER
 THAN  A  MOTORCYCLE  THAT  CARRIES  ITS  OWN LIABILITY INSURANCE 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13846-01-3
 A. 8871                             2
 
 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  ON 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 HIS 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 HIS 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. A THIRD-PARTY FOOD DELIVERY SERVICE MAY  MAINTAIN  INSURANCE
 TO SATISFY THE REQUIREMENTS OF THIS SECTION THROUGH A THIRD-PARTY INSUR-
 ER, SO LONG AS THE REQUIREMENTS OF THIS SECTION ARE MET.
   (F)  INSURANCE  OFFERED  BY  ANY  THIRD-PARTY FOOD DELIVERY SERVICE TO
 SATISFY THE REQUIREMENTS OF THIS SECTION SHALL BE PRIMARY TO ANY  HEALTH
 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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.