Sec. 3. (a) A DNC driver, or a DNC on the DNC driver’s behalf, shall maintain primary motor vehicle insurance that meets the following requirements:

(1) The motor vehicle insurance is issued:

(A) by an insurance company that holds a certificate of authority to do insurance business in Indiana under IC 27-1-3-20; or

(B) through a surplus lines producer licensed under IC 27-1-15.8.

(2) The language of the motor vehicle insurance policy:

(A) recognizes that the driver is a DNC driver or otherwise uses the personal vehicle to provide delivery services; and

(B) covers the driver during the delivery available period and the delivery service period.

(3) The motor vehicle insurance must meet the following coverage requirements during the delivery available period:

(A) Primary motor vehicle liability insurance in an amount equal to at least:

(i) fifty thousand dollars ($50,000) per person for death and bodily injury;

(ii) one hundred thousand dollars ($100,000) per incident for death and bodily injury; and

(iii) fifty thousand dollars ($50,000) per incident for property damage.

(B) The insurance required by clause (A) may be provided by any of the following:

(i) Motor vehicle insurance maintained by the DNC driver.

(ii) Motor vehicle insurance maintained by the DNC.

(iii) Motor vehicle insurance maintained by any combination of persons or entities under items (i) and (ii).

(4) The motor vehicle insurance must meet the following coverage during the delivery service period:

(A) Primary motor vehicle liability insurance in an amount equal to at least one million dollars ($1,000,000) per incident for death, bodily injury, and property damage.

(B) The insurance required by clause (A) may be provided by any of the following:

(i) Motor vehicle insurance maintained by the DNC driver.

(ii) Motor vehicle insurance maintained by the DNC.

(iii) Motor vehicle insurance maintained by any combination of persons or entities under items (i) and (ii).

     (b) If motor vehicle insurance maintained by a DNC driver as described in subsection (a) lapses or does not provide the required coverage:

(1) motor vehicle insurance maintained by the DNC must provide the required coverage beginning with the first dollar of a claim; and

(2) the insurance company that issues the motor vehicle insurance described in subdivision (1) has a duty to defend the claim described in subdivision (1).

     (c) Coverage under motor vehicle insurance maintained by a DNC may not be dependent on a personal motor vehicle insurance company’s first denying a claim for coverage under a personal motor vehicle insurance policy, nor may a personal motor vehicle insurance company be required to first deny a claim.

     (d) A motor vehicle insurance policy that meets the coverage requirements of subsection (a) satisfies the financial responsibility requirement of IC 9-25 during the delivery available period and delivery service period.

     (e) A DNC driver shall do the following:

(1) At all times during which the DNC driver uses a personal vehicle in connection with a DNC’s digital network, carry proof of the coverage required by subsection (a).

(2) In the event of an accident, upon request, provide to directly interested parties, motor vehicle insurance companies, and investigating law enforcement officers:

(A) the proof described in subdivision (1); and

(B) a disclosure of whether the DNC driver was operating during the:

(i) delivery available period; or

(ii) delivery service period;

at the time of the accident.

Information provided under this subdivision may be provided in electronic form under IC 27-1-43-3, as applicable.

As added by P.L.215-2023, SEC.10.