Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Portier, Inc., the parent company of Uber Eats (Uber Eats), and its insurer, James River, recently won an appeal in Superior Court of New Jersey, where the judges ruled that food delivery companies like Uber Eats are not subject to the mandate for transportation network companies to carry the statutory minimum for uninsured motorist (UM) coverage. The case is Malzberg v. Josey et al., 2022 N.J. Super. LEXIS 125 (N.J. Super. Ct. 2022).

Shortly after Scott Malzberg began using his personal motorcycle to deliver orders for Uber Eats, he was struck by a vehicle driven by Caren Josey. Malzberg’s resultant hospital and other medical bills exceeded the coverage available from Josey’s personal auto policy. He turned to Portier’s business auto policy with James River to cover the excess. Unfortunately for Malzberg, the policy applicable to Uber Eats did not provide UM coverage. James River moved for summary judgment; a judge granted the motion and dismissed Malzberg’s claim against James River with prejudice. Malzberg appealed.

This premium content is locked for
FC&S Expert Coverage Interpretation subscribers.

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis

Already have an account?
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected].

Kelly Helton, JD


Get Answers Directly From the FC&S Experts

Submit your coverage interpretation question to the editors of FC&S for quick and reliable information.

Question of the Week

Insurance Coverage Q&A: Landlord's Pipe Damages Tenant's Property- Who Pays? ›

Who pays for coverage when a landlord's busted pipe damaged a tenant's property?

Question of the Week Archive ›

Copyright © 2023 ALM Global, LLC. All Rights Reserved.