Martinez v. Empire Fire & Marine Ins. Co.
Martinez v. Empire Fire & Marine Ins. Co.
Opinion of the Court
In this certified appeal, we must determine whether a federally mandated insurance endorsement, known as an MCS-90 endorsement, requires the
defendant, Empire Fire and Marine Insurance Company, to pay a judgment in favor of the plaintiff, Renee Martinez,
We conclude that the MCS-90 endorsement does not apply to the accident at issue because it applies only to liability arising from the transportation of property in interstate commerce, and the accident at issue occurred while Tony's truck was on an intrastate trip entirely within Connecticut.
I
A
Federal law requires certain motor carriers-essentially, companies that transport goods by motor vehicle-to maintain minimum levels of financial responsibility to cover liability arising from the motor
carrier's transportation of property in interstate commerce.
Motor carriers can show compliance with the requirements by, among other methods, including in their liability insurance policies an MCS-90 endorsement in the form set forth in
The material facts are not in dispute. The defendant issued a commercial insurance policy to Tony's that included an MCS-90 endorsement. Tony's is a towing company based in New Haven that operates in Connecticut and New York. On the date of the accident, Tony's directed one of its employees in New Haven to drive to Hamden to pick up repair parts for its tow trucks from a dealer, and drive them back to its New Haven facility. Tony's intended to use the parts to repair tow trucks that would later be used outside of Connecticut. The employee drove one of Tony's trucks, a wrecker, to travel to the parts dealer. While traveling from New Haven to Hamden, the truck driven by Tony's employee collided with a car driven by the plaintiff, and the plaintiff sustained injuries during the crash. The plaintiff obtained a judgment against Tony's for negligently causing her injuries, but Tony's has not paid the judgment.
The plaintiff brought the present action against the defendant as a judgment creditor pursuant to General Statutes § 38a-321, claiming that Tony's insurance policy issued by the defendant requires the defendant to pay the judgment. Although the policy did not list the truck involved in the accident as a covered vehicle on the date the accident occurred, the plaintiff has claimed that payment is nevertheless due under the MCS-90 endorsement.
The defendant denied that it was responsible for Tony's liability for the accident and moved for summary judgment. The defendant argued that the MCS-90 endorsement applies only to liability arising from the interstate transportation of property, and not to any liability for accidents occurring while the motor carrier's vehicle is on a purely intrastate trip. Under this interpretation, commonly called a "trip-specific" interpretation, coverage turns on whether the specific trip at issue by the motor carrier was interstate in nature. According to the defendant, the accident at issue in the present case did not qualify because it occurred during a trip entirely within the state of Connecticut.
The plaintiff objected to the motion. Disagreeing with the defendant's trip-specific approach, the plaintiff urged the trial court to adopt a broader interpretation of when the MCS-90 endorsement applies. The plaintiff argued that the MCS-90 endorsement covers a commercial carrier's liability for any accident caused by the motor carrier's negligence, irrespective of whether the particular trip was interstate or not, as long as the carrier had the endorsement on its liability insurance policy at the time of the accident. Alternatively, the plaintiff argued that, even if the MCS-90 endorsement applies only to interstate travel, the accident at issue here qualifies for coverage because it occurred while Tony's truck was en route to pick up parts that would be installed in trucks that would later move across state lines in interstate commerce.
The trial court rendered summary judgment in favor of the defendant. Relying on a case from the United States Court of Appeals for the Second Circuit,
Lyons v. Lancer Ins. Co.,
The plaintiff appealed from the judgment of the trial court to the Appellate Court, which affirmed the judgment on an alternative ground.
Martinez v. Empire
Fire & Marine Ins. Co.,
II
A trial court's decision on whether to grant a motion for summary judgment presents a question of law, and our review of that decision is plenary. Brooks v.
Sweeney,
Our analysis proceeds in two parts. We first consider whether the MCS-90 endorsement applies to liability arising out of any accident caused by the negligence of a commercial motor carrier, or only to liability for those accidents occurring while the motor carrier's vehicle is traveling in interstate commerce. Because we conclude that the MCS-90 endorsement applies only to liability for accidents involving vehicles traveling in interstate commerce, we then consider whether the trip at issue in the present case was interstate in nature.
A
The text of the MCS-90 endorsement and its governing statutes and regulations suggest that the MCS-90 endorsement applies only to accidents occurring while the motor carrier's vehicle is traveling in interstate commerce, except in limited circumstances, described later
in this opinion, that are not present here. The MCS-90 endorsement requires the insurer to cover liability for a motor carrier's negligence in the operation of its "motor vehicles subject to the financial responsibility requirements of [
In considering this question, however, we do not write on a blank slate. The MCS-90 endorsement is a
federally mandated insurance endorsement, and thus federal law, not state law, governs its interpretation and application.
National Specialty Ins. Co. v. Martin-Vegue,
We therefore look to the decisions of federal courts, in particular to the decisions of the Second Circuit, for guidance in determining how to interpret and apply the MCS-90 endorsement and its governing law.
Szewczyk v. Dept. of Social Services,
The Second Circuit has embraced the trip-specific interpretation that the motor carrier's vehicle must be operating in interstate commerce at the time of the accident for the endorsement to apply.
Lyons v. Lancer Ins. Co.,
supra,
should provide coverage for their injuries.
The trip-specific approach used by the Second Circuit in
Lyons
is also used by the solid majority of courts that have spoken to this issue, including every federal appellate court to have considered it. See, e.g.,
National Specialty Ins. Co. v. Martin-Vegue,
supra,
Allstate New Jersey Ins. Co. v. Penske Truck Leasing,
supra,
In support of a broader interpretation, the plaintiff cites three cases that have held that the MCS-90 endorsement applies also to accidents occurring on
purely intrastate trips, but we find these cases to be less persuasive. In two of the cases cited by the plaintiff, a federal District Court concluded that the MCS-90 endorsement applied to solely intrastate travel, but its respective Circuit Court of Appeals later rejected that interpretation. Compare
Travelers Indemnity Co. of Illinois v. Western American Specialized Transportation Services, Inc.,
We are persuaded to follow the "trip-specific" interpretation used by the Second Circuit in Lyons. It is consistent with the text of the MCS-90 endorsement and the statute and regulations governing that endorsement, and has been embraced by a majority of courts to consider the question.
More importantly, however, even if we disagreed with the Second Circuit's approach and were inclined to adopt the plaintiff's contrary interpretation, we would nevertheless be constrained by principles of comity and consistency to follow the Second Circuit on this issue. When addressing questions of federal law, we give special consideration to the decisions of the Second Circuit.
Szewczyk v. Dept. of Social Services,
supra,
Deferring to the Second Circuit in these circumstances promotes consistency in the application of federal law in this jurisdiction.
Additionally, we observe that, although the "trip-specific" interpretation limits the application of federally mandated insurance coverage to trips that are interstate in nature, the states nevertheless remain free to create their own regulations governing insurance requirements for motor carrier transportation within their state borders. See, e.g., T. Hershewe, "Hiding in Plain Sight," 51 Trial 46, 48-49 (February 2015). In fact, Connecticut has adopted regulations that generally mirror the federal regulations and that apply to motor carriers engaging in intrastate travel. See Regs., Conn. State Agencies § 14-163c-1 et seq. Connecticut's regulations impose more stringent requirements for triggering coverage requirements than the federal regulations, and neither party has argued that Connecticut's regulations apply in the present case. See id.; see also 2 M. Leizerman, Litigating Truck Accident Cases (2015) § 16:8, pp. 523-24 (summarizing Connecticut's regulations that roughly parallel federal motor carrier regulations). If policy considerations dictate that insurance mandates for motor carriers should be extended to intrastate travel, that extension must come from state agencies and the legislature, not through an expansion by this court of the meaning of federal law.
We therefore conclude that the MCS-90 endorsement covers liability for a motor carrier's negligence only when the liability arises while the motor carrier's vehicle involved in the accident is engaged in the transportation of property in interstate commerce at the time the accident occurs. See
B
We next consider whether the truck at issue was transporting property in interstate commerce when the accident occurred. The parties do not dispute that the accident occurred during a trip within Connecticut. Nevertheless, the plaintiff argues that the trip should be considered as interstate transportation because it was one leg of a broader interstate movement of goods, in this case, the movement of the repair parts that Tony's truck was en route to pick up when the accident occurred. According to the plaintiff: Tony's
truck was traveling to Hamden to pick up the repair parts at the time of the accident; those repair parts were to be installed into Tony's tow trucks; and Tony's intended to use those tow trucks at a later date to cross state lines as part of its towing business. The plaintiff contends, therefore, that the travel to Hamden to pick up the repair parts was the first leg of a continuous interstate journey for the repair parts.
As with the first question, federal law concerning motor carriers controls our analysis.
National Specialty
Ins. Co. v. Martin-Vegue,
supra,
In the context of motor carrier transportation, courts have consistently held that a trip within only one state may nevertheless be considered interstate in nature if the trip is one leg of a continuous interstate movement of goods. See, e.g.,
Bilyou v. Dutchess Beer Distributors, Inc.,
supra,
Roberts v. Levine,
Applying these principles to the present case, we conclude that the trip at issue was not interstate in nature. When the accident occurred, Tony's truck was traveling between New Haven and Hamden on a route entirely within Connecticut. We are not persuaded by the plaintiff's argument that the trip at issue was part
of a larger interstate movement. Any later movement of the repair parts after their installation into tow trucks would be part of a new and distinct trip. The intended installation of the repair parts into other trucks would substantially alter the " 'character, utility, and value' "; id.; of the repair parts. Once installed, the repair parts would, for all practical purposes, no longer be considered individual parts, but would become an integral part of another commodity-Tony's tow trucks. We therefore view any later movement of the repair parts across state lines after integration into Tony's tow trucks to be a wholly new journey for the purposes of the motor carrier regulations-one simply too attenuated from the original journey to be considered part of a "practical continuity of movement...." (Internal quotation marks omitted.)
Bilyou v. Dutchess Beer Distributors, Inc.,
supra,
Accordingly, for the purposes of applying the MCS-90 endorsement, we conclude that the relevant trip began in New Haven when Tony's employee, operating Tony's truck, embarked on his journey to Hamden to retrieve the repair parts. The trip was to terminate when the employee returned in Tony's truck with the parts to Tony's place of business in New Haven. Because the route of this trip was entirely within Connecticut, we
conclude it does not qualify as the transportation of property in interstate commerce. See
The judgment of the Appellate Court is affirmed.
In this opinion ROGERS, C.J., and PALMER, ZARELLA, McDONALD and ROBINSON, Js., concurred.
Universal Donuts, Inc., the plaintiff's employer, joined the litigation as an intervening plaintiff but is not a party to this appeal.
The Appellate Court did not address the interstate commerce issues.
Martinez v. Empire Fire & Marine Ins. Co.,
We granted the plaintiff's petition for certification to appeal limited to the following questions: (1) whether the Appellate Court properly affirmed the judgment of the trial court on the basis of the Appellate Court's conclusion that at the time of the accident, Tony's was not operating its vehicle for-hire; and (2) whether the trial court properly found that at the time of the accident, the vehicle operated by Tony's was not engaged in interstate commerce.
Both certified questions contained misstatements and have been rephrased. See
State v. Dort,
As certified, the first question incorrectly suggested that the trial court found that Tony's vehicle was not operating "for-hire" at the time of the accident. The record reveals that the trial court made the opposite finding. The second question incorrectly suggested that the Appellate Court reached the question of whether Tony's vehicle was engaged in interstate commerce at the time of the accident, a question that the Appellate Court expressly declined to address. See
Martinez v. Empire Fire & Marine Ins. Co.,
supra,
The MCS-90B endorsement and its governing regulatory scheme "parallels" that of the MCS-90 endorsement, so cases interpreting and applying one control the interpretation and application of the other. See, e.g.,
Lyons v. Lancer Ins. Co.,
supra,
Relying on state insurance and contract law principles to interpret and apply the MCS-90 endorsement is inconsistent with the nature of that endorsement. The MCS-90 endorsement is not merely a private insurance contract, but a federally mandated obligation. Federal law, not state law, dictates the content of the endorsement, and the states and the parties to the endorsement are not free to depart from the precise form set out in the federal regulations. See, e.g.,
Lincoln General Ins. Co. v. De La Luz Garcia,
The record does not indicate whether the repair parts that Tony's intended to purchase had moved in interstate commerce prior to reaching the parts dealer in Hamden, and the plaintiff has not based her interstate commerce argument on any claim that the parts moved in interstate commerce prior to arriving at the dealer in Hamden.
It bears noting that courts do not regard the concept of "interstate commerce" in the context of federal motor carrier regulation as being coextensive with Congress' powers under the federal commerce clause. U.S. Const., art. I, § 8, cl. 3 ; see, e.g.,
Southern Pacific Transportation Co. v. Interstate Commerce Commission,
Dissenting Opinion
I respectfully dissent. Specifically, I disagree with the majority's decision to affirm the judgment of the Appellate Court and to apply a "trip-specific" approach to the question of liability coverage in this matter. In my view, both the plain language of the federally mandated MCS-90 endorsement form (MCS-90), which requires liability coverage "regardless of whether or not [the] negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere";
Before addressing the merits of the majority's principal assertion in the present case, I begin by setting forth the history and public policy underlying the act. Prior to the abolition of the Interstate Commerce Commission (commission), "Congress ha[d] mandated that the [commission] issue operating permits to motor carriers only if the motor carrier ha[d] filed with the [commission] an adequate bond, insurance policy, or other type of security ... in an amount not less than ... the Secretary of Transportation prescribe [d]...." (Internal quotation marks omitted.)
Canal Ins. Co. v. First General
Ins. Co.,
Although, upon its abolition, the commission's "authority to regulate carriers was transferred to the Department of Transportation," the regulations promulgated by the commission, including the requirement that the MCS-90 be attached to each insurance policy of the motor carrier, "remain[ed] in effect until new [regulations could be] promulgated."
T.H.E. Ins. Co. v. Larsen Intermodal Services, Inc.,
It is important to note that the genesis of the MCS-90 was to ensure compliance with the regulation that applied to all motor carriers that were engaged in interstate commerce and subject to the regulation. See
Canal Ins. Co. v. First General Ins. Co.,
supra,
The MCS-90 provides coverage for "any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of [§§] 29 and 30 of the [act] regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere."
Furthermore, the Secretary of Transportation is empowered to promulgate regulations "to require minimum levels of financial responsibility ... covering public liability, property damage, and environmental restoration for the transportation of property by motor carrier" in interstate and foreign commerce.
The majority concludes that the trial court properly applied a "trip-specific analysis" and properly determined that the vehicle owned by Tony's Transport was not operating in interstate commerce at the time of the accident. Accordingly, the majority affirms the Appellate Court's judgment that Empire was not liable for the unpaid judgment on that basis. As a result, the majority does not address the issue of whether the Appellate Court properly concluded that the vehicle owned by Tony's Transport was not operating " 'for-hire' " within the meaning of the federal regulations.
Martinez v. Empire Fire & Marine Ins. Co.,
First, in my view, the plain language of the MCS-90 counsels against the application of a trip-specific approach to determine liability coverage in a particular case. The MCS-90 provides in relevant part: "In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of [§§] 29 and
30 of the [act]
regardless of
...
whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere
...." (Emphasis added.)
In
Heron v. Transportation Casualty Ins. Co.,
The court concluded that because the insured "was the owner of a vehicle that was subject to the financial responsibility requirements of the [act]" and "was subject to a claim and a potential judgment for damages resulting from negligence in the operation of that vehicle," the insurer "was obligated to pay any such judgment arising from negligence in the operation of that vehicle
anywhere.
" (Emphasis added.) Id., at 540,
I agree with the reasoning of the Supreme Court of Virginia. Contrary to the majority's contention, I do not read the court's decision in
Heron
to be solely based upon state insurance law principles. Prior to its application of such principles, the court determined that, pursuant to federal law, the named insured was subject to the financial responsibility requirements of §§ 29 and 30 of the act.
Second, contrary to the majority's conclusion, the trip-specific approach yields illogical results when applied to the inquiry of whether a particular motor carrier is "transporting property in interstate ... commerce."
Third, contrary to the Appellate Court's conclusion, the plain language of
Furthermore, although I agree with the majority that it is a well settled principle of our court that the "[d]ecisions of the [United States Court of Appeals for the Second Circuit], [though] not binding on us, are particularly persuasive" when resolving issues of federal law;
Turner v. Frowein,
In my view, the trip-specific approach creates uncertainty with respect to the applicability of the MCS-90 and, thus, increases costs for both the court and the litigants by requiring that each case be decided upon its own specific facts. The majority, however, endorses this approach and explains that "a trip within only one state may nevertheless be considered interstate in nature if the trip is one leg of a continuous interstate movement of goods." The majority further states that "a brief pause in the movement of goods ... will not mark the beginning of a new trip for the purposes of motor carrier regulations...." It is my opinion that, because the trip-specific approach focuses on each specific trip made by a motor carrier, its resolution leads to an unworkable case-by-case analysis, which often involves a fact intensive analysis of whether the shipper intended to travel interstate. See, e.g.,
Bilyou v. Dutchess Beer Distributors, Inc.,
My interpretation of the definition of "[f]or-hire carriage" in
Contrary to the majority's conclusion, in my view, the vehicle operated by Tony's Transport was "subject to the financial responsibility requirements" of the act as required by the MCS-90;
In summary, I find nothing in the language of the act, the relevant federal regulations, or the MCS-90 to support a trip-specific analysis. The language of the MCS-90 and the relevant federal regulations is intentionally broad and should be read to support coverage. The decisions reached by the majority and the Appellate Court, in my view, frustrate the policy behind both the act and the MCS-90. Indeed, if an insured is engaged in the business of interstate shipping, such that compliance with the minimum levels of financial responsibility set forth in the federal regulations is required, it should not matter if the accident occurs during an intrastate trip.
Therefore, I respectfully dissent.
Pursuant to the federal regulations, all motor carriers that operate vehicles transporting hazardous materials are subject to the financial responsibility requirements of the act, regardless of whether the motor carrier is for-hire. See
Although Section 29 of the act is also referenced in the MCS-90, it is not relevant for purposes of this appeal. See
Canal Ins. Co. v. Coleman,
"Motor carrier" is defined by regulation as follows: "a for-hire motor carrier or a private motor carrier. The term includes, but is not limited to, a motor carrier's agent, officer, or representative; an employee responsible for hiring, supervising, training, assigning, or dispatching a driver; or an employee concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories."
I further note that
I respectfully disagree with the majority's position that the text of
That regulation provides that the act's financial responsibility requirements apply "to motor carriers operating motor vehicles transporting hazardous materials, hazardous substances, or hazardous wastes in interstate, foreign or intrastate commerce."
Reference
- Full Case Name
- Renee MARTINEZ v. EMPIRE FIRE AND MARINE INSURANCE COMPANY.
- Cited By
- 7 cases
- Status
- Published