Insurance

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 electronically file proof of insurance on behalf of a motor carrier using the MoDOT Carrier Express business application. 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. AUTHORITY: sections 390.041, 390.126, 390.128, and 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265-10.030. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed April 16, 1986, effective June 30, 1986. Emergency amendment filed Sept. 21, 1988, effective Oct. 1, 1988, expired Jan. 28, 1989. Amended: Filed Oct. 18, 1988, effective Dec. 29, 1988. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Emergency amendment filed Dec. 15, 2000, effective Jan. 2, 2001, expired June 30, 2001. Amended: Filed Dec. 15, 2000, effective June 30, 2001. Moved to 7 CSR 265-10.030, effective July 11, 2002. Rescinded and readopted: Filed May 2, 2013, effective Dec. 30, 2013. Amended: Filed Dec. 8, 2023, effective July 30, 2024. *Original authority: 390.041, RSMo 1939, amended 1951, 1984, 1986, 1988; 390.126, RSMo 1939, amended 1951, 1961, 1986; 390.128, RSMo 2000; and 622.027, RSMo 1985, amended 1993, 1995.