§ 139.5. Insurance.
(a) General requirement. A person may not operate an amusement ride or amusement attraction unless a policy of insurance is in effect insuring the owner, lessee or operator against liability for injury to persons arising out of the use of an amusement ride or attraction. The insurance policy shall be procured from an insurer or surety authorized to do business in this Commonwealth or eligible to do business under the surplus lines insurance provisions established under Article XVI of The Insurance Company Law of 1921 (40 P. S. § § 991.1601—991.1625).
(1) If the ride or attraction is a Class I amusement ride or attraction, the minimum limits of the policy must be $100,000 per occurrence and $300,000 in the aggregate.
(2) If the ride or attraction is a Class II amusement ride or amusement attraction, the minimum limits of the policy must be $250,000 per occurrence and $500,000 in the aggregate.
(b) Certificate of insurance. An owner or operator shall deliver a valid certificate of insurance to the Department prior to the operation of an amusement ride or amusement attraction for use by the public. The certificate of insurance shall be delivered to the Department in accordance with § 139.14 (relating to contacting the Department). The owner or operator is responsible for assuring that the insuring company notifies the Department immediately upon cancellation or change of coverage.
(c) Content of certificate of insurance. A certificate of insurance must set forth the following:
(1) The identity of the insured.
(2) The identity, address and telephone number of the insurance company issuing the policy.
(3) Identification of the amusement rides and amusement attractions covered by the policy. This may consist of a roster identifying each ride that is insured under the policy, or an acknowledgment that all of the amusement rides and amusement attractions of a designated owner or operator are covered by the policy.
(4) The policy limits per occurrence.
(5) The policy limits in the aggregate.
(6) The effective dates of coverage.
(7) An acknowledgment that the Department, as certificateholder, is to be notified by the insurance carrier in the event of cancellation of coverage.
Authority The provisions of this § 139.5 issued under the Amusement Ride Inspection Act (4 P. S. § § 401—419); amended under: section 14 of the Amusement Ride Inspection Act (4 P. S. § 414).
Source The provisions of this § 139.5 adopted April 11, 1986, effective April 12, 1986, 16 Pa.B. 1268; amended July 31, 1987, effective August 1, 1987, 17 Pa.B. 3202; amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial pages (276964) to (276965).
Cross References This section cited in 7 Pa. Code § 139.4 (relating to registration); and 7 Pa. Code § 139a.21 (relating to registration of bungee jumping operations).
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