§ 38-29. Liability insurance required.

(a)

No company license shall be issued or continued unless there is in full force and effect: liability insurance for each vehicle authorized in no less than the amounts specified hereinafter in this section; and no VFH shall be allowed to operate on the streets of Jefferson Parish unless there is in full force and effect: liability insurance for each vehicle authorized in no less than the amounts specified hereinafter in this section.

(b)

Companies/drivers shall be subject to a continuous check of the liability coverage of each VFH and shall not permit any VFH to operate without the required coverage; and each company/driver shall, upon demand, provide to PMZ, the Jefferson Parish Sheriff's Office, or any authorized law enforcement officer: digital/written proof of the insurance policies required by this section.

(c)

An insurance policy submitted to PMZ to provide coverage, as required by this article, shall at least meet the minimum liability insurance coverage, as required by the state, and shall:

(1)

Be written by either an "admitted" company or a surplus line company certified to do business in this state, provided that if same be written in a surplus line company, such company shall have a minimum rating with A.M. Best Company of A, Class IX.;

(2)

Be issued to such company, driver, person, persons, firm, or corporation for a period of no less than six (6) months and remain in full force and effect at all times without any lapse in coverage;

(3)

Be in no less than the amounts specified in and shall conform to all the requirements of this section;

(4)

Be written so that if any payments are to be made in accordance with the provisions of the policy, such payments will be made from the first dollar up to the limit of liability shown in the policy;

(5)

Stipulate that anyone who may sustain damage to their person or property resulting from the negligent operation of vehicles-for-hire shall have a right of action on said policy as fully and to the same extent as if said policy were made and executed directly in favor of the claimant for such damages and anyone sustaining damage shall have the right of action directly against the insurer in accordance with R.S. 22:1269; and

(6)

Provide ten (10) days' notice by e-mail or certified mail of expiration or cancellation to be given to PMZ as well as to the policy holder.

(d)

Companies shall furnish PMZ with satisfactory evidence of required legal liability coverage for each VFH prior to the expiration of the first seven (7) days of the ten (10) days' notice of cancellation by the respective insurance company. Upon the second notice of cancellation within a period of twelve (12) months: the company shall take action to prevent any future lapse of insurance and shall provide PMZ with the details of such action in writing; and, regardless of any company action or writing, the company license may still be subject to revocation.

(e)

The liability coverage for a VFH shall be represented by a policy of liability insurance issued by an insurance company: for payment of a sum not less than the then current minimum insurance requirements of the State of Louisiana to satisfy all claims for damages by reason of bodily injury to or death of any one (1) person resulting from any one (1) accident; and for payment of, subject to said limit for one (1) person, a sum not less than the then current minimum insurance requirements of the State of Louisiana to satisfy all claims for damages by reason of bodily injury to or death of any two (2) or more persons resulting from any one (1) accident; and for payment of a sum not less than the then current minimum insurance requirements of the State of Louisiana to satisfy all claims for damage to property, resulting from any one (1) accident by reason of the ownership, operation, maintenance, or use of such vehicle. Alternatively, the insurance requirements of this section may also be satisfied by maintaining an insurance policy with a combined single limit that equals or exceeds the total insurance proceeds available for both bodily injury and property damage in any one (1) accident set forth in the then current minimum insurance requirements of the State of Louisiana.

(f)

The existence of the insurance required by this section shall be disclosed on the company's website, and no contractual provisions required in the company's terms of service shall be used to waive or otherwise evade the insurance requirements of this chapter or state law.

(g)

The existence of the insurance required by this section, if provided by the company for a driver to use a personal vehicle, shall be disclosed in writing to each driver before said driver is initially allowed to operate a VFH for the company, and such disclosure shall detail:

(1)

The insurance coverage (including the types of coverage and the limits for each coverage) that the company provides while the driver uses a personal vehicle in connection with the company's VFH operations; and

(2)

That the driver's own automobile insurance policy, depending on its terms, may or may not provide any coverage while the driver uses a personal vehicle in connection with any aspect of the company's VFH operations.

(Ord. No. 25219 , § 1, 9-21-16)