W. Va. Code R. § 150-22-6

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-22-6 - Proof of Insurance

6.1. Filing requirement.

The applicant shall file with the Commis-sion proof of public liability insurance in accordance with the forms and procedures specified herein. No other insurance notices or filings shall be required of a motor carrier holding authority granted by the ICC with respect to this program.

6.2. Proof or surety bonds.

Proof of public liability or surety bond must be filed for an insurance company that is authorized to do business in any state and is eligible as an excess or surplus lines insurer in any state in which business is written. The Commission may obtain sufficient information from the ICC to verify eligible insurance companies.

6.3. Forms.

Filings required by carrier's insurance company as necessary:

Carriers should request only the filing that applies to them -- i.e., the form currently on file with the ICC.

Form BMC 91 - Uniform Motor Carrier Bodily Injury and Property Damage Certificate of Insurance.

Form BMC 91X - Motor Carrier Automobile Bodily Injury Liability and Property Damage Liability.

Form BMC 91MX - Motor Carrier Surety Bond.

Form MCS 82 - Motor Carrier Public Liability Surety Bond.

Form BMC or MCS 90 - Endorsement for Motor Carrier Policies in Insurance for Public Liability (to be attached to the policy maintained at the motor carrier's place of business).

Cancellation forms to be filed by insurance company as necessary:

Form BMC 35 - Notice of Cancellation Motor Carrier Policies of Insurance (30 Days Cancellation Notice Required).

Form BMC 36 - Notice of Cancellation Motor Carrier Surety Bonds (30 Days Cancellation Notice Required).

6.4. Levels of coverage.

The level of insurance coverage required is the same as required by 49 C.F.R. 1043.2. These limits are as follows:

6.4.1. Freight vehicles of GVWR of 10,000 pounds or more:

Property (nonhazardous) $ 750,000

Property (hazardous): $5,000,000

Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks or hopper-type vehicles with capacities in excess of 3500 water gallons, or in bulk Class A or B explosives, poison gas (Poison A), liquified compressed gas or compressed gas, or highway route controlled quantity radioactive materials as defined in 49 CFR 173.455.

Property (hazardous): $1,000,000

Oil listed in 49 CFR 172.101; hazard-ous waste, hazardous materials and hazard-ous substances defined in 49 CFR 171.8 and listed in 49 CFR 171.101, but not mentioned in 1(b) or 2(b).

6.4.2. Freight vehicles of GVWR less than 10,000 pounds:

Property (not specified in 6.4.a.: $ 300,000

Property (hazardous): $5,000,000

Any quantity of Class A or B explosives; any quantity of poison gas (Poison A); or highway route controlled quantity radioactive materials as defined in 49 CFR 173.455.

6.4.3. Passenger carriers:

Seating capacity of 16 or more. $5,000,000

Seating capacity of 15 or less. $1,500,000

6.5. Additional filing requirements.

6.5.1. The insurance company may file proof of insurance with the Commission or the motor carrier may file a copy of the insurance form accepted and approved by the ICC. The Commission will not accept a "copy" of the insurance form when it is filed by the motor carrier and is not a copy which has been approved by the ICC. The first year filing of proof of insurance under this program where the motor carrier is renewing its registration, the insurance company will print a new copy of the ICC form or mail a "copy" of the form that was accepted and approved by the ICC. Since the ICC does not require changes in the policy number to trigger a new form filing, the policy numbers on the forms printed for the states may not be identical to the current form on file with the ICC. All other information on that form must be in compliance with the requirements set forth herein.

6.5.2. When the insurance company prepares the proper insurance form to be filed with the ICC for a new carrier, the third copy will be separated from the three part ICC form and the third copy will be mailed to the motor carrier's registration state. The insurance company may annotate this three part form to indicate the proper registration state.

6.5.3. The Commission shall require all motor carriers to show a minimum level of coverage of $750,000 unless the motor carrier indicates in writing that all equipment operated has a gross vehicle weight rating of 10,000 pounds or less.

6.5.4. If an insurance company files duplicate copies of proof of insurance with the Commission, the Commission may stamp the second copy received and return the second copy to the insurance company. If duplicate copies are not received, the Commission is not required to acknowledge receipt of proof of insurance.

6.5.5. When proof of insurance is provided by more than one insurer, a BMC 91X (Certificate of Insurance) or BMC 91MX (Surety Bond) is required of each insurer.

6.5.6. The information pertaining to the identification of the registrant on the proof of insurance filed with the Commission shall be verified by the Commission. The reg-istrant's full name including all owner names and any fictitious name or d/b/a and business address must be identical to the applicant name and business address on the uniform application form and the most recent order of the ICC. Proof of insurance shall be issued in the full and correct name of the individual, partnership, corporation or other person to whom the certificate or permit is issued. If these items are not in agreement, a "New Carrier Registration" will be deemed to be incomplete and may be held or returned until the motor carrier amends the registration form in writing, the Commission receives a copy of a reentitlement, transfer order issued by the ICC, notification of name and/or address change by the motor carrier to the ICC (copy of letter sent to the ICC), or new proof of insurance is filed with the Commission.

6.5.7. If the registrants full name (including d/b/a) and/or business address on the proof of insurance filed with the Commis-sion for a replacement filing does not agree with the registration form, the motor carrier will be notified in writing that the insurance form differs from the registration information and the proof of insurance will not be accept-ed. The motor carrier will be asked to correct the name and/or business address on the uniform registration application in writing to the Commission or correct the proof of insurance filed. If insurance lapses because a proof of insurance has not been filed with the Commis-sion with the correct name and/or business address, the motor carrier's registra-tion will be suspended until proper proof of insurance is filed.

6.5.8. When a BMC 91 or 91X is received by the Commission and the name and business address are correct, the effective date as indicated on the form stating the date insurance is in effect is the effective date to be used by the Commission.

6.5.9. The Commission shall receive notification of cancellation caused to be filed by the motor carrier of the registrant's bodily injury and property damage liability insurance (receipt of Form BMC 35 or 36) when similar notice is provided to the ICC. The effective date of the cancellation notice shall be computed as 30 days from the date notice is filed with the ICC. The Commission will verify this effective date with the information received from the ICC (this information should be available via the states bulletin board or other computer access designed for dissemination of information for this program) as to any change in the effective date of cancellation.

6.5.10. Certificates of insurance or surety bonds shall be replaced and terminated by more recent certificates of insurance or surety bonds. The liability of the retiring insurer shall be terminated as of the effective date of the replacement certificate of insurance or surety bond provided the replacement is filed in accordance with these procedures.

6.5.11. A new BMC 91 will terminate and replace any prior BMC 91. When a new BMC 91X is filed, this filing will only terminate and replace another filing when the limits indicated on the new filing is equal to or greater than the limits on the old filing. A filing received for primary coverage can only terminate and replace another filing for primary coverage. Excess coverage can only terminate and replace excess coverage.

6.5.12. If a cancellation notice is received prior to a new filing, this cancellation notice shall terminate the liability with 30 day notice to the ICC. A new filing received after receipt of a cancellation notice does not relieve the 30 day liability of the cancellation notice.

6.5.13. An interstate motor carrier that has received approval to be self-insured with the ICC shall file with the Commission a copy of the ICC order approving the self- insurance plan. A copy of the ICC order does not indicate that the motor carrier has fully complied with all requirements within the order. The Commission may verify the self- insurance status with the ICC to ensure that the carrier has complied with the provisions within the order and is considered by the ICC to be self insured. The registrant shall there-after immediately notify the Commission if the self-insurance plan is suspended, revoked or modified in any way by order of the ICC. Failure to comply shall result in the suspension of the registration.

6.5.14. If the motor carrier is transporting hazardous materials, the amount of coverage indicated on the proof of insurance filed with the Commission must be the same as the amount of coverage stated on the uniform application form. If the amount stated on the insurance forms does not agree with the level of coverage indicated on the application form, the "New Carrier Registration" shall be deemed incomplete.

6.5.15. If proof of insurance is received during the registration period and indicates a level of coverage greater than the amount previously indicated on the uniform application form and the old insurance filing, the new insurance filing will cancel and replace the old filing. The Commission will verify with the motor carrier if its application should be amended.

6.5.16. The Commission shall not require the authorized signature of the company representative on the proof of insurance to be verified. If an insurance company notifies the Commission that information is being falsified, the Commission will verify all filings with the Commission issued under that named insurer and verify those filings involved. If the Commission finds that falsified filings have been made, it will notify the registrant(s) immediately and request that the registrants file new proof of insurance. If new insurance is not received, the Commission will initiate a suspension for non- compliance of filing proof of insurance.

6.5.17. A facsimile (fax) of the forms required in these procedures may be accepted by the Commission.

6.5.18. At no time will a "Certificate of Insurance" from an insurance agent be accepted by the Commission in lieu of the forms required in these procedures.

6.5.19. All previous Form E filings or other proof of insurance filed in any eligible state shall be cancelled as of January 1, 1994, as they pertain to registration of interstate authority granted by the ICC.

6.5.20. Procedures for suspension, reinstatement, revocation and notification to other participating states are found in section 9.00 et seq.

6.5.21. Proof of cargo insurance shall not be required.

6.5.22. The Form BMC 90 or MCS 90 is an endorsement. This endorsement form is an amendment to the motor carrier's insurance policy and shall be attached to that insurance policy and shall form a part of it. When insurance is provided by more than one insurer to aggregate coverage, a separate endorsement is required of each insurer. A true copy of the policy with the endorsements attached shall be maintained at the motor carrier's principal place of business. The endorsement cannot be cancelled without cancellation of the policy or policies and cancellation of the proof of insurance filed with the Commission. The endorsement shall not be filed with the Commission.

W. Va. Code R. § 150-22-6