(1) Pursuant to 69-12-102(2) , MCA, each commercial tow truck firm shall file with
the commission proof of insurance coverage in the types and amounts specified
by 61-8-906, MCA, for the classification applicable.
(2) Proof of insurance shall be by a commission certificate of insurance for
commercial tow truck firms, form MV-5, which shall also serve as an endorsement
to the underlying insurance policy or policies and shall include the following:
(a) a general reference to the laws applicable
to filing of insurance by commercial tow truck firms;
(b) identification of the insurer and insured, including name, business name,
business address, and business telephone number;
(c) a
general reference to the policy coverage requirements and insurer's
obligations that, in regard to motor vehicle liability and in regard to cargo
or property entrusted to the commercial tow truck firm, coverage shall extend
to loss or damage for which the insured may be held liable regardless of
whether the motor vehicles, terminals, warehouses, other facilities, or routes
used in connection with the tow truck operations are specifically identified
in the policy or not;
(d) identification of the class of the insured commercial tow truck firm pursuant
to the classification standards of 61-8-905, MCA;
(e) coverage of the types and in the amounts (minimum) of insurance for the
appropriate class designation, as required by 61-8-906, MCA, with no
deductibles applicable to any coverage that has a minimum amount specified by
statute;
(f) a
provision that the insurer agrees to furnish a duplicate original of the actual
policy or policies of insurance upon request of the commission;
(g) a provision
that any policy endorsement or certificate cannot be cancelled without
cancellation of the underlying policy and that cancellation of the policy is
not effective until 30 days written notice to the commission by the insurer or
its authorized representative; and
(h) a provision for signature of the insurer or
its authorized representative.
(3) Policies of insurance issued to commercial tow truck firms shall comply with
the terms, conditions, and requirements set forth in this rule and commission
form MV-5. Policies may have additional provisions, but no provision
inconsistent with the requirements of this rule and commission form MV-5.
(4) Policies of insurance for commercial tow truck firms must be written by
insurance companies authorized to conduct business in the state of Montana.