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(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.

History: Sec. 69-12-201, MCA; IMP, Secs. 61-8-905, 61-8-906, 69-12-102(2) and 69-12-402, MCA; NEW, 1995 MAR p. 1422, Eff. 7/28/95.

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