S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    70
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. R. CARROLL, GONZALEZ-ROJAS, LEVENBERG, DAVILA --
   read once and referred  to  the  Committee  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:
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00494-01-5
 A. 70                               2
 
   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  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 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. 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.