§ 32.12. Property carrier and household goods in use carrier insurance.
(a) No common carrier or contract carrier of property or household goods in use may engage in intrastate commerce and no certificate will be issued, or remain in force, except as provided in § 32.15 (relating to applications to self-insure), until there has been filed with and approved by the Commission, a certificate of insurance by an insurer authorized to do business in this Commonwealth, to provide for the payment of valid accident claims against the insured for bodily injury to or the death of persons, or the loss or damage to property of others resulting from the operation, maintenance or use of a motor vehicle in the insured authorized service. The liability of the insurance company on each motor vehicle operated in common or contract carrier service shall be in amounts not less than $300,000 per accident for a vehicle with a manufacturer’s gross vehicle weight rating of 10,000 pounds or less, in the case of a single vehicle, or a manufacturer’s gross combination weight rating of 10,000 pounds or less, in the case of an articulated vehicle. The liability of the insurance company on each motor vehicle operated in common or contract carrier service shall be in amounts not less than $750,000 per accident for a vehicle with a manufacturer’s gross vehicle weight rating over 10,000 pounds, in the case of a single vehicle, or a manufacturer’s gross combination weight rating over 10,000 pounds, in the case of an articulated vehicle.
(b) The limitations in subsection (a) do not include insurance to cover damage to cargo.
(c) Insurance coverage of motor carriers of property and household goods in use shall meet the requirements of 75 Pa.C.S. § § 1701—1799.7 (relating to Motor Vehicle Financial Responsibility Law).
Authority The provisions of this § 32.12 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 512 and 1103(d); amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103 and 1501.
Source The provisions of this § 32.12 adopted July 31, 1987, effective August 1, 1987, 17 Pa.B. 3217; corrected November 20, 1987, effective August 1, 1987, 17 Pa.B. 4726; amended May 22, 2015, effective May 23, 2015, 45 Pa.B. 2468. Immediately preceding text appears at serial pages (369828) and (325925).
Notes of Decision Extent of Coverage
Taxi passenger who was injured in accident with hit-and-run driver was covered under taxicab owner’s automobile policy even though taxicab was not listed as schedule vehicle; Pennsylvania statute and regulations require coverage on each and every vehicle used by a motor carrier in its authorized service, and vehicle lists utilized by insurer cannot be used to defeat coverage for all vehicles used by carrier. Love-Digg v. Tirath, 911, 541—542 (Pa. Super. 2006).
Public Policy
Where the activity only involved intrastate commerce, State regulations apply rather than those of the I.C.C. Where the legislature has established minimum liability coverage in its regulations, it cannot be said that it is against public policy to uphold those limits. Lincoln General Insurance Co. v. Liberty Mutual Insurance Co., 804 A.2d 661 (Pa. Super. 2002), appeal denied, 820 A.2d 162 (Pa. 2003).
Cross References This section cited in 52 Pa. Code § 32.13 (relating to cargo liability insurance).
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