Notice of Adoption of Emergency Regulation 20-E-15 - Coverage for Use of a Personal Automobile for Food Delivery During COVID-19 Public Health Emergency

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The Division would like to notify interested stakeholders that the Commissioner of Insurance has adopted the following emergency regulation:

Emergency Regulation 20-E-15 - Concerning Restrictions on Coverage for Use of a Personal Automobile or as an Additional Unnamed Driver on a Restaurant Commercial Automobile Policy for Food Delivery During Pendency of any Public Health Orders Related To COVID-19 that Impact Restaurant Services

The purpose of this emergency regulation is to ensure restaurant employees are able to continue to work by using their own insured personal automobiles for commercial food delivery during the current COVID-19 emergency and through the period of time in which Public Health Order 20-36, or any subsequent order that restricts or limits restaurant occupancy and in-person dining, or on-premise consumption, is in effect

The Division of Insurance (“Division”) finds, pursuant to § 24-4-103(6)(a), C.R.S., that immediate adoption of this regulation is imperatively necessary for the preservation of public health, safety, or welfare. Pursuant to Executive Order D 2020 234, which is subject to extension by further executive order, Colorado remains under a disaster state of emergency due to the presence of COVID-19. Due to the unprecedented and extraordinary impact of the COVID-19 emergency, the Colorado Department of Public Health and Environment has issued multiple public health orders, including Public Health Order 20-36, to reduce the exposure of individuals to COVID-19 and to protect the health and welfare of the public. Under Public Health Order 20-36, restaurants remain encouraged to continue curbside pickup and delivery and must take certain measures regarding in-person services, or on-premise consumption. Further, restaurant occupancy may be limited or restricted as provided in Public Health Order 20-36, depending on the COVID-19 Dial. As a result, the Division anticipates that restaurants will continue to rely upon employees who typically do not deliver food to temporarily provide food delivery services using their own insured personal automobiles or have unnamed drivers drive commercial vehicles. The issuance of this Emergency Rule is imperative to continue preserving the public health, safety and welfare of the citizens of Colorado. Therefore, compliance with the requirements of § 24-4-103, C.R.S., would be contrary to the public interest.

This emergency regulation replaces Emergency Regulation 20-E-10 which became effective July 22, 2020.

This emergency regulation, and other Division emergency regulations, can be found on the Division's Regulations page.

Find additional information on insurance and the COVID-19 public health emergency on the COVID-19 & Insurance page. This emergency regulation can be found under the health insurance tab.

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