365.532 Motor vehicle liability insurance -- Requirements -- Conditions -- Proof of
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/ky/365-532A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
coverage required -- Claims.
(1)A delivery network company shall ensure that, during the delivery available period,
if applicable, and delivery service period, primary motor vehicle liability insurance
coverage is in place that:
(a)Recognizes that the driver is a delivery network driver; or
(b)Does not exclude coverage for use of the motor vehicle to provide delivery
services.
(2)The delivery network driver, delivery network company, or any combination of the
two
(2)shall maintain a motor vehicle liability insurance policy that provides the
coverage required under KRS 304.39-080 during the delivery available period and
delivery service period in amounts not less than:
(a)For bodily injury and property damage to third parties:
1. Fifty thousand dollars ($50,000) or the amount required under KRS
304.39-110(1)(a)1., whichever is greater, for all damages arising out of
bodily injury sustained by any one
(1)person as a result of any one
accident;
2. One hundred thousand dollars ($100,000) or the amount required under
KRS 304.39-110(1)(a)1., whichever is greater, for all damages arising
out of bodily injury sustained by all persons as a result of any one
accident; and
3. Twenty-five thousand dollars ($25,000) or the amount required under
KRS 304.39-110(1)(a)1., whichever is greater, for all damages arising
out of damage to or destruction of property as a result of any one
accident; and
(b)For basic reparation benefits, the amount set forth in KRS 304.39-020(2).
(3)If the insurance coverage maintained by a delivery network driver in accordance
with subsections
(1)and
(2)of this section has lapsed or does not provide the
required coverage, insurance maintained by the delivery network company shall:
(a)Provide the coverage required by subsections
(1)and
(2)of this section
beginning with the first dollar of a claim; and
(b)Have the duty to defend a claim made under the coverage provided under
paragraph
(a)of this subsection.
(4)Coverage under a motor vehicle liability insurance policy maintained by a delivery
network company shall not be dependent upon another motor vehicle liability
insurer first denying a claim nor shall another motor vehicle liability insurance
policy be required to first deny a claim.
(5)The insurance coverage required by this section may be obtained from:
(a)An insurer duly licensed or authorized to transact business under the
insurance laws of this state; or
(b)A surplus lines broker licensed under KRS 304.10-120.
(a)A delivery network driver shall carry proof of the insurance required under
subsections
(1)and
(2)of this section at all times while using a personal
vehicle in connection with a digital network.
(b)In the event of an accident, a delivery network driver or delivery network
company shall, upon request, provide the following to directly interested
parties, motor vehicle liability insurers, claimants, claimants' counsel, and
investigating law enforcement officers:
1. Information about the insurance coverage maintained under subsections
(1)and
(2)of this section; and
2. Whether the driver was operating during a delivery available period or
delivery service period at the time of the accident.
(c)Information about the insurance coverage maintained under subsections
and
(2)of this section may be displayed or provided in either paper or
electronic format as provided in KRS 304.39-117.
(7)In a claims coverage investigation:
(a)A delivery network company or its insurer shall:
1. Cooperate with all insurers that are involved with the claims coverage
investigation to facilitate the exchange of information; and
2. Immediately provide, upon request by directly interested parties,
claimants, claimants' counsel, or any insurer, the precise times that a
delivery network driver began and ended any delivery available periods
and delivery service periods on the delivery network company's digital
network in the twenty-four
(24)hour period both immediately preceding
the accident and immediately following the accident; and
(b)Insurers potentially providing the coverage required under this section shall
disclose, upon request by any other insurer involved in the particular claim,
the applicable coverages, exclusions, and limits provided under any motor
vehicle liability insurance maintained to satisfy the requirements of this
section.
(8)The insurer or insurers of a delivery network company providing coverage under
subsections
(1)and
(2)of this section shall assume primary liability for a claim if:
(a)A dispute exists as to when a delivery available period or delivery service
period began or ended; and
(b)The delivery network company does not have available, did not retain, or fails
to provide the information required under subsection (7)(a) of this section.