Portier, Inc., the parent company of Uber Eats (Uber Eats), and its insurer, James River, recently won an appeal in Superior Court of New Jersey, where the judges ruled that food delivery companies like Uber Eats are not subject to the mandate for transportation network companies to carry the statutory minimum for uninsured motorist (UM) coverage. The case is Malzberg v. Josey et al., 2022 N.J. Super. LEXIS 125 (N.J. Super. Ct. 2022).

Shortly after Scott Malzberg began using his personal motorcycle to deliver orders for Uber Eats, he was struck by a vehicle driven by Caren Josey. Malzberg's resultant hospital and other medical bills exceeded the coverage available from Josey's personal auto policy. He turned to Portier's business auto policy with James River to cover the excess. Unfortunately for Malzberg, the policy applicable to Uber Eats did not provide UM coverage. James River moved for summary judgment; a judge granted the motion and dismissed Malzberg's claim against James River with prejudice. Malzberg appealed.

In the subsequent suit, Malzberg asserted that New Jersey's Transportation Network Company Safety and Regulatory Act (TNCSRA) required transportation network companies to provide a minimum $1.5 million in UM coverage to drivers for prearranged rides. He argued that this mandate extended to Uber Eats because the "related services" mentioned in the TNCSRA definition of a "transportation network company driver" encompassed drivers who arranged to deliver food for a transportation network company.