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Tennessee General Assembly· SB 2458Companion House Bill substituted

Motor Vehicles - As enacted, requires a delivery network company or delivery network company driver to comply with certain automobile liability insurance requirements. - Amends TCA Title 4; Title 7; Title 55; Title 56 an, the official text

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                     ~tate of \leennessee

                         PUBLIC CHAPTER NO. 1011

                                                  HOUSE BILL NO. 2175

                                      By Representatives Travis, McCalmon

                                       Substituted for: Senate Bi.II No. 2458

                                                     By Senator Bailey

         AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 55; Title 56 and Title
65, relative to delivery network companies.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 55, Chapter 12, Part 1, is amended by
adding the following as a new section:

          55-12-143.

                    (a) As used in this section:

                              (1) "Delivery availability period" means the period when a DNC driver:

                                        (A) Is operating a personal vehicle;

                                        (8) Has logged on to a digital network and is eligible to receive
                              requests to provide delivery services from a delivery network company;
                              and

                                        (C) Is not providing delivery services or operating in the delivery
                              service period;

                              (2) "Delivery network company" or "DNC" means a business entity
                    operating in this state that uses a digital network to connect a delivery network
                    company customer to a delivery network driver to provide delivery services. A
                    DNC is not deemed to control, direct, or manage the personal vehicles or
                    delivery network drivers that connect to its digital network, except where agreed
                    to by written contract;

                              (3) "Delivery service":

                                        (A) Means the pickup of one (1) or more products from a location
                              and the delivery of the products to a DNC customer, including a series of
                              deliveries to different customers; and

                                        (B) Does not include:

                                                  (i) Services provided by a for-hire vehicle; or

                                                  (ii) A street hail service;

                              (4) "Delivery service period" means the period:

                                        (A) Beginning when a DNC driver starts operating a personal
                              vehicle enroute to pick up a good for a delivery or series of deliveries as
                              documented via a digital network controlled by a delivery network
                              company;

                                        (B) Continuing while the driver transports the requested deliveries;
                              and
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                                        (C) Ending upon delivery of the requested goods to:

                                                  (i) The customer, or the last customer in a series of
                                       deliveries;

                                                  (ii) A location designated by the customer, or the last
                                        location designated in a series of deliveries; or

                                                  (iii) A location designated by the delivery network
                                        company, including for purposes of returning the goods;

                              (5) "Digital network" means an online-enabled application, software,
                    website, or system offered or utilized by a delivery network company that enables
                    deliveries with DNC drivers;

                              (6) "DNC customer" or "customer" means an individual who uses a DNC's
                    digital network to connect with a DNC driver to obtain delivery services from the
                    driver for the individual, or for another individual or entity;

                              (7) "DNC driver" or "driver" means an individual who provides delivery
                    services through· a DNC's digital network using a personal vehicle; and

                              (8) "Personal vehicle" means a vehicle that is:

                                        (A) Used by a delivery network driver to provide delivery services
                              via a digital network; and

                                        (B) Owned, leased, or otherwise authorized for use by the delivery
                              network driver.

                    (b) On and after July 1, 2026, a delivery network company or DNC driver shall
          comply with the automobile liability insurance requirements of this section.

                    (c) A delivery network company shall ensure that, during the delivery availability
          period, if it applies, and during the delivery service period, primary automobile liability
          insurance is in place that recognizes that the driver is a DNC driver or that does not
          exclude coverage for use of a personal vehicle to provide deliveries.

                    (d) During the delivery availability period and the delivery service period, the
          DNC driver, delivery network company, or a combination of the two (2), shall maintain
          insurance that insures the driver for liability to third parties of not less than fifty thousand
          dollars ($50,000) for damages arising out of bodily injury sustained by any one (1)
          person in an accident, of not less than one hundred thousand dollars ($100,000) for
          damages arising out of bodily injury sustained by all persons injured in an accident, and
          of not less than twenty-five thousand dollars ($25,000) for all damages arising out of
          damage to or destruction of property in an accident.

                    (e) The coverage requirements of this section may be satisfied by any of the
          following:

                              (1) Automobile liability insurance maintained by the driver;

                              (2) Automobile liability insurance maintained by the DNC; or

                              (3) Any combination of subdivision (e)(1) or (e)(2).

                    (f) If the insurance coverage maintained by a driver pursuant to this section has
          lapsed or does not provide the required coverage, then insurance maintained by the
          delivery network company must provide the coverage required by this section beginning
          with the first dollar of a claim, and the issuer of the insurance maintained by the delivery
          network company has a duty to defend the claim.

                    (g) Coverage under an automobile insurance policy maintained by the delivery
          network company must not be dependent upon another motor vehicle liability:

                                                                2
HB2175

                              (1) Insurer first denying a claim; or

                              (2) Insurance policy first denying a claim.

                    (h) Insurance required by this section may be obtained from an insurer
          authorized to do business in this state or with a surplus lines insurer eligible under the
          Surplus Lines Insurance Act, compiled in title 56, chapter 14.

                    (i) Insurance required by this section satisfies the Tennessee Financial
          Responsibility Law of 1977, compiled in title 55, chapter 12, while a driver is logged into
         the delivery network company's digital network or while the driver is engaged in
          providing delivery services through the DNC's digital network; provided, that this section
          does not relieve a driver from the financial responsibility requirements for a motor vehicle
          under the Tennessee Financial Responsibility Law of 1977 when the driver is neither
          logged into the DNC's digital network nor providing delivery services through the DNC's
          digital network.

          SECTION 2. Tennessee Code Annotated, Title 56, Chapter 7, is amended by adding the
following as a new part:

          56-7-3901.

                   As used in this part:

                              (1) "Delivery availability period" means the period when a DNC driver:

                                        (A) Is operating a personal vehicle;

                                        (B) Has logged on to a digital network and is eligible to receive
                              requests to provide delivery services from a delivery network company;
                              and

                                        (C) Is not providing delivery services or operating in the delivery
                              service period;

                              (2) "Delivery network company" or "DNC" means a business entity
                    operating in this state that uses a digital network to connect a delivery network
                    company customer to a delivery network driver to provide delivery services. A
                    DNC is not deemed to control, direct, or manage the personal vehicles or
                    delivery network drivers that connect to its digital network, except where agreed
                    to by written contract;

                              (3) "Delivery service":

                                        (A) Means the pickup of one (1) or more products from a location
                              and the delivery of the products to a DNC customer, including a series of
                              deliveries to different customers; and

                                        (B) Does not include:

                                                  (i) Services provided by a for-hire vehicle; or

                                                  (ii) A street hail service;

                              (4) "Delivery service period" means the period:

                                        (A) Beginning when a DNC driver starts operating a personal
                              vehicle enroute to pick up a good for a delivery or series of deliveries as
                              documented via a digital network controlled by a delivery network
                              company;

                                        (B) Continuing while the driver transports the requested deliveries;
                              and

                                        (C) Ending upon delivery of the requested goods to:

                                                               3
HB2175

                                                  (i) The customer, or the last customer in a series of
                                        deliveries;

                                                  (ii) A location designated by the customer, or the last
                                        location designated in a series of deliveries; or

                                                  (iii) A location designated by the delivery network
                                        company, including for purposes of returning the goods;

                              (5) "Digital network" means an online-enabled application, software,
                    website, or system offered or utilized by a delivery network company that enables
                    deliveries with DNC drivers;

                              (6) "DNC customer" or "customer" means an individual who uses a DNC's
                    digital network to connect with a DNC driver to obtain delivery services from the
                    driver for the individual, or for another individual or entity;

                              (7) "DNC driver" or "driver" means an individual who provides delivery
                    services through a DNC's digital network using a personal vehicle; and

                              (8) "Personal vehicle" means a vehicle that is:

                                        (A) Used by a delivery network driver to provide delivery services
                              via a digital network; and

                                        (B) Owned, leased, or otherwise authorized for use by the delivery
                              network driver.

          56-7-3902.

                    (a) An insurer that writes automobile liability insurance in this state may exclude
          any and all coverage and the duty to defend or indemnify for any loss or injury that
          occurs during the delivery availability period and the delivery service period. The right to
          exclude coverage and the duty to indemnify and defend may apply to any coverage
          included in an automobile liability insurance policy, including:

                              (1) Liability coverage for bodily injury and property damage;

                              (2) Uninsured and underinsured motorist coverage;

                              (3) Medical payments coverage;

                              (4) Comprehensive physical damage coverage; and

                              (5) Collision physical damage coverage.

                    (b) This section does not invalidate or limit an exclusion contained in a motor
          vehicle liability insurance policy, including any insurance policy in use or approved for
          use that excludes coverage for motor vehicles used for delivery or for any business use.

                    (c) This section does not invalidate, limit, or restrict an insurer's ability under
          existing law to underwrite an insurance policy, or to cancel or not renew a policy.

                    (d) A motor vehicle liability insurer that defends or indemnifies a claim against a
          delivery network driver that is excluded under the terms of its policy may seek recovery
          against the insurer providing coverage under§ 55-12-143 if the claim:

                              (1) Occurs during the delivery availability period or the delivery service
                    period; and

                              (2) Is excluded under the terms of its policy.

                    (e) In a claims coverage investigation, a DNC or its insurer shall cooperate with
          all insurers that are involved in the claims coverage investigation to facilitate the
          exchange of information and shall immediately provide, upon request by directly involved

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HB2175

         parties or any insurer, the precise times that a delivery network driver began and ended
         the delivery availability period or the delivery service period on the delivery network
         company's digital network in the twelve-hour period immediately preceding the accident
         and in the twelve-hour period immediately following the accident. An insurer providing
         the coverage required by § 55-12-143 must disclose, upon request by another insurer
          involved in the particular claim, the applicable coverages, exclusions, and limits provided
          under any automobile insurance maintained in order to satisfy the requirements of this
         section.

                   (f) The insurer of a DNC providing coverage under § 55-12-143 must assume
          primary liability for a claim when a dispute exists as to when the delivery availability
          period or the delivery service period began or ended and the DNC does not have
          available, did not retain, or fails to provide the information required by subsection (e).

          SECTION 3. Tennessee Code Annotated, Title 65, Chapter 15, is amended by adding
the following as a new part:

          65-15-401.

                   As used in this part:

                             (1) "Delivery availability period" means the period when a DNC driver:

                                       (A) Is operating a personal vehicle;

                                       (8) Has logged on to a digital network and is eligible to receive
                             requests to provide delivery services from a delivery network company;
                             and

                                       (C) Is not providing delivery services or operating in the delivery
                             service period;

                             (2) "Delivery network company" or "DNC" means a business entity
                    operating in this state that uses a digital network to connect a delivery network
                   company customer to a delivery network driver to provide delivery services. A
                    DNC is not deemed to control, direct, or manage the personal vehicles or
                   delivery network drivers that connect to its digital network, except where agreed
                   to by written contract;

                             (3) "Delivery service":

                                       (A) Means the pickup of one (1) or more products from a location
                             and the delivery of the products to a DNC customer, including a series of
                             deliveries to different customers; and

                                       (8) Does not include:

                                                 (i) Services provided by a for-hire vehicle; or

                                                 (ii) A street hail service;

                             (4) "Delivery service period" means the period:

                                       (A) Beginning when a DNC driver starts operating a personal
                             vehicle enroute to pick up a good for a delivery or series of deliveries as
                             documented via a digital network controlled by a delivery network
                             company;

                                       (8) Continuing while the driver transports the requested deliveries;
                             and

                                       (C) Ending upon delivery of the requested goods to:

                                                 (i) The customer, or the last customer in a series of
                                       deliveries;

                                                               5
HB2175

                                                  (ii) A location designated by the customer, or the last
                                        location designated in a series of deliveries; or

                                                  (iii) A location designated by the delivery network
                                        company, including for purposes of returning the goods;
                              (5) "Digital network" means an online-enabled application, software,
                    website, or system offered or utilized by a delivery network company that enables
                    deliveries with DNC drivers;
                              (6) "DNC customer" or "customer" means an individual who uses a DNC's
                    digital network to connect with a DNC driver to obtain delivery services from the
                    driver for the individual, or for another individual or entity;
                              (7) "DNC driver" or "driver" means an individual who provides delivery
                    services through a DNC's digital network using a personal vehicle; and
                              (8) "Personal vehicle" means a vehicle that is:
                                        (A) Used by a delivery network driver to provide delivery services
                              via a digital network; and
                                        (B) Owned, leased, or otherwise authorized for use by the delivery
                              network driver.
          65-15-402.
                    A delivery network company shall disclose in writing to a DNC driver the following
          before a driver is allowed to accept a request for delivery services on the DNC's digital
          network:
                              (1) The insurance coverage and limits for each coverage that the DNC
                    provides while the DNC driver uses a motor vehicle in connection with a DNC's
                    digital network; and
                              (2) That the DNC driver's own insurance policy may not provide coverage
                    during the delivery availability period and the delivery service period.
          65-15-403.
                    A delivery network company is not deemed to own, control, operate, or manage
          the motor vehicles used by drivers.
          SECTION 4. This act takes effect January 1, 2027, the public welfare requiring it.

                                                                6
         HOUSE BILL NO. 2175

PASSED:  April 23, 2026

                                 CAMERON-SEXTON, SPEAKER
                                 HOUSE OF REPRESENTATIVES

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                                 \ SPEAKER OF THE SENATE

rv1 APPROVED this iqtt.. day of  ~  2026

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BILL LEE, GOVERNOR
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