Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 10 - Motor Carrier Operations › Section 7 CSR 265-10.030 - Insurance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed rule defines and describes the
				  procedures and authorization for filing, canceling, replacing, and reinstating
				  proof of motor carrier insurance or surety bonds, and prescribes the minimum
				  limits of public liability coverage for motor carriers of passengers or
				  property, and minimum limits of cargo liability coverage for household goods
				  carriers.
(1) Proof of
				Coverage and Minimum Limits of Public Liability for Intrastate Carriers. Every
				motor carrier operating any motor vehicle in intrastate commerce by authority
				of the commission shall at all times have on file with and approved by the
				commission proof of public liability insurance or bond for the limits of
				liability as required by the commission. The proof of public liability
				insurance shall state that the insurer has issued to the motor carrier a policy
				of insurance which by endorsement provides automobile bodily injury and
				property damage liability insurance covering the obligations imposed upon the
				motor carrier by the provisions of the laws of this state. A completed and
				executed endorsement shall be attached to the public liability insurance policy
				and form a part of it and amends the insurance policy to which it is attached
				to assure compliance with this rule by the motor carrier. A true copy of the
				insurance policy with the endorsement attached shall be maintained at the motor
				carrier's principal place of business, and produced upon request for inspection
				by the commission. An executed surety bond may be accepted in lieu of a
				certificate of public liability insurance.
(2) Filing Proof of Insurance. The insurance
				company or its authorized underwriter shall file proof of insurance on behalf
				of a motor carrier using forms approved by the commission or the filing of
				required information through the commission's secured motor carrier web system.
				Upon request of the commission, any insurance company that has filed or offers
				to file proof of insurance shall furnish evidence satisfactory to the
				commission that the insurance company issuing the policy or bond is duly
				authorized to transact business in Missouri and to issue the policy offered,
				and that it is financially able to meet its obligations.
(3) Proof of Coverage of Cargo Liability for
				Transportation of Household Goods. Each vehicle while transporting household
				goods in intrastate commerce within this state shall be covered by a surety
				bond or certificate of cargo insurance filed with and approved by the
				commission for the limits of liability as established by the commission. A
				completed and executed endorsement shall be attached to the cargo insurance
				policy and form a part of it and amend the policy to which it is attached to
				assure compliance with this rule by the motor carrier. An insurance company or
				surety shall file separate certificates or bonds, whenever it provides both
				cargo liability and public liability coverage for a motor carrier of household
				goods.
(4) Rejection of Proof of
				Insurance. The commission may reject any document or information filed or
				offered for filing, or may declare it invalid at any time, and shall notify the
				motor carrier of the rejection.
(5)
				Cancellation and Reinstatement of Proof of Insurance. An insurer shall give the
				commission not less than ten (10) days notice of the cancellation of motor
				carrier bodily injury and property damage liability insurance certificate or
				bond or motor carrier cargo insurance certificate or bond, by filing with the
				commission the required notice of cancellation form. After cancellation in
				accordance with this section, a new certificate of insurance or surety bond
				must be filed to reinstate coverage for the motor carrier.
(6) Replacement Coverage. Policies of
				insurance and surety bonds may be replaced by other policies of insurance or
				surety bonds. The liability of the retiring insurer or surety shall be
				considered terminated on the effective date of the replacement policy of
				insurance or surety bond if accepted by the commission; except that if a
				cancellation notice under section (5) of this rule is received prior to receipt
				of the replacement certificate of insurance or surety bond, the liability of
				the retiring insurer or surety shall be considered as terminated at the end of
				the required ten (10) day cancellation period.
*Original authority: 390.041, RSMo 1939, amended 1951,
					 1984, 1986, 1988; 390.071, RSMo 1939, amended 1951, 1986; 390.126, RSMo 1939
					 amended 1951, 1961, 1986; 390.128, RSMo 2000; and 622.027, RSMo 1985, amended
					 1993, 1995.