A "FastFeast" driver ends their shift but forgets to log out of the app. On the way home, they crash—and their insurance denies the claim. Why? They were still "on the job." In the gig economy, one tap can mean the difference between coverage and denial.
Notable Timestamps
[ 00:01 ] - The core scenario involves a driver for the delivery app FastFeast who had an accident on the way home after their shift and whose insurance claim was denied because they were still logged into the app.
[ 02:07 ] - A ghost kitchen is a delivery-only establishment with no physical storefront that exists solely on delivery apps. Some ghost kitchens are linked to existing restaurants, like one possibly operating out of Chuck E. Cheese kitchens...
[ 05:14 ] - Many personal auto policies, including older ones still in use, contain a livery or public conveyance exclusion that can apply if the vehicle is being used for ridesharing.
[ 07:15 ] - Applying the livery exclusion may lead to coverage issues when a rideshare driver is actively transporting passengers during an accident.
[ 08:10 ] - Under older livery language, it becomes ambiguous if an accident occurs while a driver is merely logged into the app awaiting an assignment but not actively carrying passengers or property.
[ 11:11 ] - The definition of "livery" in these exclusions has been debated in courts; a majority interpret it to include both passengers and property (cargo), while a minority have limited it to passengers only.
[ 14:21 ] - Modern exclusionary language for transportation network companies (TNCs) is designed to be less ambiguous than older livery clauses, often excluding coverage simply if the driver is logged into the TNC's digital network, regardless of whether they have an active customer.
[ 17:09 ] - Brennan provides a recap of the scenario and the points above.
Your PLRB Resources
Coverage Question: "Does The "Livery Or Public Conveyance" Exclusion Apply To An Insured Logged Onto Door Dash But Not Making A Delivery? 2024.06.19" https://www.plrb.org/documents/does-the-livery-or-public-conveyance-exclusion-apply-to-an-insured-logged-onto-door-dash-but-not-making-a-delivery/?search=ride%20sharing%20exclusion
Coverage Question: "Does A Rideshare Exclusion Apply To An Insured Who Is Only Logged On To The Uber App? – 2024.03.04" https://www.plrb.org/documents/does-a-rideshare-exclusion-apply-to-an-insured-who-is-only-logged-on-to-the-uber-app-2024-03-04/?search=ride%20sharing%20exclusion
Emerging Issues: "Does a PAP Provide Coverage for Delivery Drivers Using Personal Vehicles with the Emergence of Ride-sharing Services Like Uber/Lyft/Grubhub? "https://www.plrb.org/documents/does-a-pap-provide-coverage-for-delivery-drivers-using-personal-vehicles-with-the-emergence-of-ride-sharing-services-like-uber-lyft-grubhub/?search=ride%20sharing%20exclusion#passorprop
Case Law Review: Bender v. USAA Gen. Indem. Co. (2025) https://www.plrb.org/documents/bender-v-usaa-gen-indem-co-2025/
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