Section 291-3-006 - INSURANCE COVERAGE006.01MINIMUM AMOUNTS OF COVERAGE: Unless otherwise provided in a license, certificate of public convenience and necessity or permit issued by the Commission, each motor carrier will have liability coverage at any time for any one accident, by insurance, surety bond, self insurance, or a combination thereof, in the minimum as required by Rule 003.03.006.02 In addition to the requirements for minimum insurance as provided in Rule 003.03, all carriers of passengers will also carry uninsured and underinsured motorist coverage with a minimum limit of one hundred thousand ($100,000) per person, three hundred ($300,000) aggregate per accident coverage.006.03 All motor carrier insurance required to be filed with the Commission will be continuous in nature, subject to cancellation by the insurer or the insured within thirty (30) days written notice to the Commission. Insurance for a specified term (e.g. six months or one year) will not be acceptable to meet the motor carrier insurance requirements of these Rules.006.04 Proof of adequate coverage by insurance or bond will be made by filing a uniform motor carrier insurance filing or a uniform motor carrier surety bond filing in lieu of the policy of insurance or surety bond. Such filing may be made electronically in a manner designated by the Director of Transportation of the Commission. Upon receipt by the Commission of a paper filing, which will be in triplicate, one copy will be returned to the home office of the insurance or surety company, one copy will be forwarded to the insured, and the original will be retained by the Commission.006.05TYPES OF FILINGS:Insurance filings will be made on the following designated forms unless the Director of Transportation will specifically authorize another type of filing: 006.05AALL LIABILITY INSURANCE FILINGS WILL BE EITHER FORM E, ENTITLED: Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance.006.05BALL LIABILITY SURETY BOND FILINGS WILL BE FORM G, ENTITLED: Uniform Motor Carrier Bodily Injury and Property Damage Liability Surety Bond.006.05CALL CARGO INSURANCE FILINGS WILL BE FORM H, ENTITLED: Uniform Motor Carrier Cargo Certificate of Insurance006.05DALL CARGO SURETY BOND FILINGS WILL BE FORM J, ENTITLED: Uniform Motor Carrier Cargo Surety Bond.006.05EALL INSURANCE CANCELLATION FILINGS WILL BE FORM K, ENTITLED: Uniform Notice of Cancellation of Motor Carrier Insurance Policies.006.05FALL SURETY BOND CANCELLATIONS FILINGS WILL BE FORM L, ENTITLED: Uniform Notice of Cancellation of Motor Carrier Surety Bonds.006.06 Each insurance policy or bond will be written in the full and correct name of the individual, partnership, corporation, limited liability company or other person as shown on the insured's certificate or permit All partners in a partnership will be named in the policy or bond.006.07 Motor carrier insurance required under these rules will provide: 006.07A The liability of the insurance company will extend only to the insured named in the policy and its employees or lessees notwithstanding any clause in the policy providing for additional insured.006.07B The liability of the insurance company will not be affected by any provision in the policy or the endorsement thereon or violation thereof by the insured, or by the financial condition of the insured.006.07C The insurance company will be liable whether the loss, damage, injury or death occurs on the route or in the territory authorized to be served by the insured or elsewhere in the state.006.07D The insurance company will be liable within the limits of liability as set out in section 003.03 and its subsections of these rules, regardless of whether the motor vehicles or termini, warehouses or other facilities used in connection with the transportation of the cargo are specifically described in the policy or not.006.07E The insurance company will pay, within the limits of liability set out in section 003.03 and its subsections of these rules, any final judgment recovered against the insured for bodily injury to, or death of, any person, except employees of insured while engaged in the course of their employment, or loss or damage to property of others, except property leased or rented by the insured, which results from negligent operation, maintenance, or use of motor vehicles under the certificates of public convenience and necessity, or permit issued to the insured by the Commission.006.07F The liability of the insurance company on each vehicle will be a continuing one notwithstanding any recovery under the schedule of limits set out in section 006.05.006.07G No provision contained in the policy or endorsement thereon, or violation thereof by the insured, will affect in any way the right of any shipper or consignee to relieve the insurance company from liability for the payment of any claim for which the insured may be held legally liable to compensate shippers or consignees, irrespective of the financial condition of the insured.006.08 Each policy of insurance or surety bond issued pursuant to these regulations will be endorsed by authorized personnel of such company.006.09 Policies of insurance, surety bonds, and the certificates and endorsements thereof will not be canceled and liability will not cease until after thirty (30) days written notice by the insurer has been given to the Commission. Such thirty (30) day period will commence on the date the cancellation filing, as set out in section 006.05 is received by the Commission.006.10 No insurance policy or surety bond will be accepted by the Commission unless written by a company which has been granted a certificate of authority by the Department of Insurance of the State of Nebraska; or which is a properly registered risk retention group as authorized under the federal Liability Risk Retention Act and the state's Risk Retention Act, provided that when a carrier is, after diligent effort, unable to obtain an insurance policy or surety bond from an authorized company, such carrier may obtain a policy or bond from a non-admitted company pursuant to the Surplus Insurance Act.006.11 A carrier may apply to qualify as a self-insurer by furnishing the Commission a true and accurate statement of its financial condition and any other evidence required by the Commission which will establish to the Commission's satisfaction, the ability of the carrier to meet the requirements of section 003.03 and its subsections without adversely affecting the carrier's financial stability. Such self-insurance will become effective only upon the written approval of the Commission and will be subject to review at the Commission's discretion.006.12 The Commission may require any carrier qualifying as a self-insurer to deposit securities, in any amount up to the requirements set by section 003.03 and its subsections, with any financial institution within this state.006.13 Any carrier may withdraw its qualifications as self-insurer, upon written notice to the Commission and compliance with the provisions of section 006.04.006.14 The Commission may revoke its approval of any insurance policy, surety bond, or qualification as a self-insurer, if, in its judgment, such security no longer complies with these regulations, or fails to provide satisfactory or adequate protection for the public.291 Neb. Admin. Code, ch. 3, § 006
Amended effective 1/16/2019Amended effective 5/12/2021Amended effective 9/24/2022