Delivery Drivers: The Coverage Gap That Closes Pizzerias
The common claim is that a driver's personal auto policy always excludes pizza delivery. That is an oversimplification, and acting on it will lead you to the wrong conclusion.
The standard personal auto policy contains a public or livery conveyance exclusion. Courts in several states have held that an employee delivering food for their employer is not operating a livery conveyance, because livery describes a vehicle held out for hire to the public, and the delivery fee belongs to the restaurant rather than the driver. Under that reasoning, the driver's personal policy may respond.
Three things complicate it.
Many carriers now attach a broader delivery exclusion. Rather than relying on the livery language, personal auto insurers increasingly add an endorsement excluding delivery of goods for compensation outright. Some will not cover delivery at all, even by endorsement. Whether your driver's policy responds depends on the specific form and the state, not on a general rule.
Undisclosed delivery work can void the policy anyway. A driver who never told their carrier they deliver may face denial or cancellation when the carrier finds out at claim time.
Even when the personal policy responds, the limits are usually state minimums. Many drivers carry $25,000 or $50,000 in bodily injury liability. A serious injury claim runs multiples of that, and the plaintiff's attorney will look past the twenty-two-year-old driver to the business that dispatched them.
That last point is the whole argument. Whether or not the driver has coverage, your business is the target, under vicarious liability for an employee acting in the course of employment and under negligent hiring or entrustment for putting them on the road.
What hired and non-owned auto actually does
Hired and non-owned auto liability, commonly written as an endorsement to your general liability or business owner's policy, covers your business for liability arising from vehicles you do not own, including employees' personal cars used for business.
Our guides on hired and non-owned auto insurance and whether business insurance covers auto accidents go deeper on the mechanics.