Digital Platforms and Insurance Coverage of Damages on Third Parties

CEPRI Studies on Private Governance, Issue 8/2023 – Special Issue on Platforms as Private Governance Systems

23 Pages Posted: 14 Sep 2023

See all articles by Marlene Andersen

Marlene Andersen

University of Copenhagen - Faculty of Law

Date Written: September 6, 2023

Abstract

The article addresses the legal issue of insurance coverage for third-party injuries caused by a courier when delivering food on behalf of a digital labour platform. In the article the legal challenges that can arise from an insurance perspective when damage is caused to a third party by a courier working for a platform will be analyzed. There is a focus on the liability that could be imposed on the platform and the courier respectively. It also examines the types of insurances that could cover the claim, including the terms of the specific insurance, which are crucial in this context. The definition of the role of the platform and the courier, including the contractual aspects relevant to the assessment and the specific circumstances which will have a particular relevance in insurance law aspects is also analyzed. It is of particular interest whether the courier will be considered as self-employed or employed by the platform from an insurance law perspective. The article concludes, among other things, that two types of insurance in particular are of central interest in the current damage situation and concludes which elements will be the decisive ones in the insurance law assessment of the scope of coverage of the damage.

Suggested Citation

Andersen, Marlene, Digital Platforms and Insurance Coverage of Damages on Third Parties (September 6, 2023). CEPRI Studies on Private Governance, Issue 8/2023 – Special Issue on Platforms as Private Governance Systems , Available at SSRN: https://ssrn.com/abstract=4568272 or http://dx.doi.org/10.2139/ssrn.4568272

Marlene Andersen (Contact Author)

University of Copenhagen - Faculty of Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

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