Section 312 IAC 25-5-19 - Liability insurance; terms and conditionsAuthority: IC 14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC 14-34-10
Sec. 19.
(a) The department shall require the applicant to 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 certificate 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 use of explosives and damage to water wells, and entitled to compensation under the applicable provisions of Indiana 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 two hundred fifty thousand dollars ($250,000) 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 thereof, including completion of all reclamation operations under this article.(c) The policy shall include a rider requiring that the insurer notify the department whenever substantive changes are made in the policy, including any termination or failure to renew.(d) The department may accept from the applicant, in lieu of a certificate for a public liability insurance policy, satisfactory evidence from the applicant that it is self-insured in whole or in part. Natural Resources Commission; 312 IAC 25-5-19; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3508, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA