Not sure where to go with this one...
The insured markets for restaurant food delivery. they work with independent small business owners who deliver food for different restaurants. the person who delivers is not an employee of my insured. they are not an employee of the restaurant either. they are not independent contractors and my insured does not send them a 1099.
my insured is looking for coverage if one of the drivers for the independent small business owners has an accident and my insured gets drawn in because they are who the order for the delivery was placed through.
I am told hired and non-owned auto is not available for my insured since the driver is not an employee or an independent contractor.
I do agree though that my insured would likely be named in any law suit. But what coverage could he purchase to protect against this?
TO be clear my insured has a website that advertises food delivery from a host of restaurants that seek his service. The order is placed by my insured who then notifies the independent small business owner to dispatch a driver to the restaurant, pick up the food and deliver it to the customer.
I am told the driver carriers will not add my insured as an AI because the drivers work for multiple companies. So the driver could have an accident while working for another company but our insured/carrier gets drug in as well.
I am also told that for HNOA no carrier will do a waiver of subrogation.
I think the consensus is that my client has exposure but there is no way to insure against it.
What agreements/contracts are in place among these various entities and how do they address liability and insurance?
Is there a contract in place between your client and the person or entity delivering the product?
Is there a contract in place between your client and the restaurants they service?
Does the delivery driver use a car topper of any kind? If so, the name on the sign is most likely the one to be held liable if the driver's personal insurance is inadequate or excludes coverage.
Who ultimately pays the delivery driver?