Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.809 - INSURANCE AND RISK RETENTION GROUP COVERAGE

Current through Register Vol. 13, July 5, 2024
(1) An owner or operator may satisfy the
				requirements of ARM
				17.56.805
				by obtaining liability insurance that conforms to the requirements of this rule
				from a qualified insurer or risk retention group. Such insurance may be in the
				form of a separate insurance policy or an endorsement to an existing insurance
				policy.
(2) Each insurance policy
				must be amended by an endorsement worded as specified in (a) below, or
				evidenced by a certificate of insurance worded as specified in (b) below,
				except that instruction in brackets must be replaced with the relevant
				information and the brackets deleted:
(a)
				Endorsement
Name: [name of each covered location]
___________________________________
___________________________________
Address: [address of each covered location]
___________________________________
___________________________________
Policy Number: ___________________________
Period of Coverage: [current policy period]
___________________________________
___________________________________
Name of [Insurer or Risk Retention Group]:
___________________________________
___________________________________
Address of [Insurer or Risk Retention Group]:
___________________________________
___________________________________
Name of Insured: _____________________________
Address of Insured:
___________________________________
___________________________________
Endorsement:
1. This
				endorsement certifies that the policy to which the endorsement is attached
				provides liability insurance covering the following underground storage tanks:
[List the number of tanks at each facility and the name(s)
				  and address(es) of the facility(ies) where the tanks are located. If more than
				  one instrument is used to assure different tanks at any one facility, for each
				  tank covered by this instrument, list the tank identification number provided
				  in the notification submitted pursuant to
				  40 CFR
				  280.22, or the corresponding state
				  requirement, and the name and address of the facility.] for [insert: "taking
				  corrective action" and/or "compensating third parties for bodily injury and
				  property damage caused by" either "sudden accidental releases" or "nonsudden
				  accidental releases" or "accidental releases"; if coverage is different for
				  different tanks or locations, indicate the type of coverage applicable to each
				  tank or location] arising from operating the underground storage tank(s)
				  identified above.
The limits of liability are [insert the dollar amount of the
				  "each occurrence" and "annual aggregate" limits of the Insurer's or Group's
				  liability; if the amount of coverage is different for different types of
				  coverage or for different underground storage tanks or locations, indicate the
				  amount of coverage for each type of coverage and/or for each underground
				  storage tank or location], exclusive of legal defense costs. This coverage is
				  provided under [policy number]. The effective date of said policy is
				  [date].
2. The insurance
				afforded with respect to such occurrences is subject to all of the terms and
				conditions of the policy; provided however, that any provisions inconsistent
				with (a)-(e) of this paragraph 2 are hereby amended to conform with (a)-(e).
a. Bankruptcy or insolvency of the insured
				shall not relieve the ["Insurer" or "Group"] of its obligations under the
				policy to which this endorsement is attached.
b. The ["Insurer" or "Group"] is liable for
				the payment of amounts within any deductible applicable to the policy to the
				provider of corrective action or a damaged third-party, with a right of
				reimbursement by the insured for any such payment made by the ["Insurer" or
				"Group"]. This provision does not apply with respect to that amount of any
				deductible for which coverage is demonstrated under another mechanism or
				combination of mechanisms as specified in ARM
				17.56.807
				through
				17.56.811,
				17.56.815
				through
				17.56.817, and
				[17.56.804 ] (1)(a)
				through (1)(d).
c. Whenever
				requested by the Director, the ["Insurer" or "Group"] agrees to furnish to the
				Director a signed duplicate original of the policy and all
				endorsements.
d. Cancellation or
				any other termination of the insurance by the ["Insurer" or "Group"] will be
				effective only upon written notice and only after the expiration of 60 days
				after a copy of such written notice is received by the insured.
[Insert for claims-made policies:
e. The insurance covers claims for any
				occurrence that commenced during the term of the policy that is discovered and
				reported to the ["Insurer" "Group"] within 6 months of the effective date of
				the cancellation or termination of the policy.]
I hereby certify that the wording of this instrument is
				  identical to the wording in ARM 17.56.809(2)(a) and that the ["Insurer" or
				  "Group"] is ["licensed to transact the business of insurance or eligible to
				  provide insurance as an excess or surplus lines insurer in one or more
				  states"].
[Signature of authorized representative of Insurer or Risk
				  Retention Group]
[Name of person signing]
[Title of person signing], Authorized Representative of [name
				  of Insurer or Risk Retention Group]
[Address of Representative]