Section 29.104. [Reserved]  

Duty to Maintain Insurance

In the absence of evidence of legislative intent to impose absolute liability on insurers of common carriers, the duty to maintain insurance coverage on vehicles is placed on the transportation company; the insurer is not liable for injuries to a third party resulting from an accident involving a vehicle not covered by the terms of the insurance contract. Czarnecki v. Delco Cab, Inc., 419 A.2d 139 (Pa. Super. 1980).

Rejection of Insurance

Taxi company that rejected uninsured motorist coverage in its policies of insurance has by that action chosen to be self-insured for uninsured motorist coverage. Jones v. Travelers Insurance Co., 514 A.2d 576 (Pa. Super. 1986).

An order conditioning the reinstatement of a cancelled certificate was affirmed where that order merely affirmed an earlier order cancelling the certificate and added conditions for its reinstatement, and where the certificate holder had not timely answered a complaint based upon her failure to provide evidence of insurance and failure to file an annual report, so the facts in that complaint were deemed admitted. De Gregorio v. Pennsylvania Public Utility Commission, 481 A.2d 1241 (Pa. Cmwlth. 1984).

Retroactive Application

This section will not be retroactively applied to cancel coverage of insurance policy in cases of successive policies, thereby eliminating a source of insurance funds for third-party claimants, in that application of such regulation could not be considered purely procedural. Minimum coverage, for common carriers if not provided for, shall be read into all insurance contracts. Metro Transportation Co. v. North Star Reinsurance Co., 912 F.2d 672 (3d. Cir. 1990).
(Editor’s Note: The insurance provisions for common carriers previously contained in this section have been moved to Chapter 32 (relating to motor carrier insurance).)