Requirements, Conditions and Terms of Liability Insurance

PURPOSE: This rule sets forth the requirements, conditions and terms of liability insurance pursuant to sections 444.810 and 444.830, RSMo. (1) Requirement to File a Certificate of Liability Insurance. Each applicant for a permit shall submit as part of the permit application a certificate issued by an insurance company authorized to do business in this state. (2) Terms and Conditions for Liability Insurance. (A) The applicant shall submit, at the time of permit application, a certificate certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operation for which the permit is sought. The policy shall provide for personal injury and property damage protection in an amount adequate to compensate all persons injured or property damaged as a result of surface coal mining and reclamation operations, including the use of explosives and damage to water wells and any entitlement to compensation under the applicable provisions of state law. Minimum insurance coverage for bodily injury shall be three hundred thousand dollars ($300,000) for each occurrence and five hundred thousand dollars ($500,000) aggregate; and minimum insurance coverage for property damage shall be three hundred thousand dollars ($300,000) for each occurrence and five hundred thousand dollars ($500,000) aggregate. (B) The policy shall be maintained in full force during the life of the permit or any renewal, including completion of all reclamation operations. (C) The policy shall include a rider requiring that the insurer notify the director whenever substantive changes are made in the policy, including any termination or failure to renew. AUTHORITY: section 444.810, RSMo 2000.* Original rule filed Dec. 9, 1982, effective April 11, 1983. Amended: Filed Dec. 17, 2012, effective July 30, 2013. *Original authority: 444.810, RSMo 1979, amended 1983, 1993, 1995.