§ 271.374. Proof of insurance coverage.
(a) The operator shall submit proof of insurance coverage, which at a minimum shall consist of a certificate of liability insurance. The certificate shall:
(1) State the name of the insurance company, the insured operator and the facility covered by the policy.
(2) Identify the kinds of coverage provided by the policy and the amounts of coverage.
(3) Identify the beginning and ending dates for the policy.
(4) Specify that 60 days prior written notice shall be given by the insurer to the Department and the operator, by certified mail, before cancellation or termination of the insurance policy becomes effective. The 60-day notice period does not apply for specific reasons for cancellation or termination if a shorter period of notice for cancellation or termination has been authorized by the Insurance Department.
(5) State that the insurance coverage provided by the policy is for the purpose of satisfying the requirements of this subchapter.
(6) State that the insurer is liable for payment on the policy without regard for the bankruptcy or insolvency of the insured.
(7) Be signed by an authorized agent of the insurance company.
(b) The operator shall also submit an authenticated copy of the public liability insurance policy.
(c) The Department will review the certificate of insurance coverage submitted by the operator to determine if the coverage provided satisfies the insurance coverage required by the Department under this subchapter for the facility. The Department may require additional proof, such as a copy of the policy, additional endorsements to the policy or statements of intent from the insurer on the scope of coverage, to establish to the Department’s satisfaction that the coverage provided is that which is required under this subchapter.
(d) An operator shall be deemed to be without the required liability coverage in the event of bankruptcy or insolvency of the issuing institution, or a suspension or revocation of the issuing institution’s license or authority to do business in this Commonwealth. The operator shall establish other liability coverage within 10 days after receiving notice that the issuing institution is bankrupt, insolvent or its license or authority to do business in this Commonwealth has been suspended or revoked.
Source The provisions of this § 271.374 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended September 13, 1991, effective September 14, 1991, 21 Pa.B. 4179. Immediately preceding text appears at serial pages (126161) to (126162).
Cross References This section cited in 25 Pa. Code § 271.371 (relating to insurance requirement); 25 Pa. Code § 271.376 (relating to maintenance of insurance coverage); 25 Pa. Code § 271.377 (relating to insurance pool); 25 Pa. Code § 271.392 (relating to commercial insurance; general requirements—persons other than municipalities and municipal authorities); 25 Pa. Code § 273.313 (relating to annual operation report); 25 Pa. Code § 275.222 (relating to annual operation report); 25 Pa. Code § 277.312 (relating to annual operation report); 25 Pa. Code § 279.252 (relating to annual operation report); 25 Pa. Code § 281.272 (relating to annual operation report); and 25 Pa. Code § 283.262 (relating to annual operation report).
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