As the Coronavirus continues its spread throughout the United States, many insurance departments have issued bulletins providing advice and requirements to carriers on a number of issues impacting policyholders, carriers and producers. State Insurance Departments COVID-19 Update – Interactive Map
Many departments have requested carriers allow coverage, waive exclusions or otherwise make exceptions for those using personal vehicles for delivery during state imposed stay-at-home orders. In light of these bulletins, ISO has developed an advisory endorsement with language providing coverage for insureds using their personal auto for deliveries. Like other advisory forms, this form has not been filed nor has it been added to the ISO library of forms; it does not have a form number. Carriers wishing to use this form must file it with the states and develop rates on their own. The forms is Limited Delivery Coverage Relating to Coronavirus
The form provides two definitions; "delivery network platform", and "delivery services". "Delivery network platform" is an online enabled application or digital network that connects customers with drivers or local vendors using drivers for the purpose of providing prearranged delivery services for compensation. This does not include a "transportation network platform". A transportation network platform is ride-sharing companies such as Uber and Lyft. The "delivery network platform" is for the delivery of goods, not people, and would be Uber Eats or other food delivery services, as well as courier services. "Delivery services" is defined as including courier services.
The form then provides exceptions to exclusions under five policy sections; liability, med pay, uninsured motorists, coverage for damage to your auto, and underinsured motorists. Coverage is the same under all sections. The form adds an exception to the exclusion for liability arising out of the use of a vehicle as a public or livery conveyance, including being logged into a "transportation network platform" as a driver, whether or not there is a passenger in the vehicle. The endorsement states that this exclusion does not apply when a vehicle is being used to deliver food or other goods due to the closure of on-site restaurant or food store services under order of civil or governmental authority in efforts to avoid infection or spread of a Coronavirus, even if the order is undertaken based on suspicion of a risk of such contagion. This exception does not apply if an insured is logged into a "delivery network platform" as a driver to provide "delivery services", whether or not the goods to be delivered are in the vehicle. For example, an insured who works for Grub Hub delivering food to people would not be covered since that is using a "delivery network platform". That would be excluded. This is for people who do not normally deliver food, but because of the civil authority orders, may now be delivering because they work at a restaurant or other business that is now delivering food because of the changes related to the order. Many restaurants are currently delivering in order to try to stay in business since many states have stay at home orders. Coverage provided by this form is excess over any other collectible insurance. Coverage ends when the civil authority ends or the closure of restaurants and other food store services ceases in whole or part.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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