NY A07318

Third-party food delivery services must obtain valid written agreements with food service establishments before listing or promoting their products, and agreements cannot require establishments to indemnify delivery services for damages occurring after products leave the establishment.

Delivery persons must maintain insurance coverage recognizing they act on behalf of the third-party food delivery service, with minimum liability limits of $75,000/$150,000 for bodily injury and $25,000 for property damage while logged onto the platform but not actively delivering.

During active deliveries, delivery persons must maintain insurance with minimum liability limits of $1.25 million for bodily injury or death and property damage, plus supplementary uninsured/underinsured motorist coverage of $1.25 million.

Insurance coverage may be provided by the delivery person individually, through a group policy maintained by the third-party food delivery service, or a combination thereof; if the delivery person's insurance lapses, the group policy must provide required coverage from the first dollar.

Violations subject parties to civil penalties of up to $1,000 per violation, with each day a food service establishment is listed and each delivery begun or completed without required insurance considered separate violations.