In a case of first impression, the Appellate Division weighed whether the scope of the Transportation Network Company Safety and Regulatory Act, which requires rideshare companies—like Uber—to provide $1.5 million in underinsured motorist coverage, also applies to food delivery services like Uber Eats.

On Aug. 17, 2017, Scott C. Malzberg was using his personal vehicle, a motorcycle, to deliver food for Uber Eats. While making a left turn onto the Route 17 entrance ramp, motorist Caren L. Josey hit Malzberg, throwing him from his motorcycle. Malzberg sustained significant injuries as a result of the crash, according to the opinion.