Martinez v. Empire Fire & Marine Insurance Co., 324 Conn. 1

Summary

The Connecticut Supreme Court held that an MCS-90 insurance endorsement applies only to liability arising from a motor carrier’s transportation of property in interstate commerce, subject to limited exceptions not applicable here. Because the accident occurred during a wholly intrastate trip in Connecticut, the endorsement did not require the insurer to pay the plaintiff’s unpaid negligence judgment. The court affirmed the Appellate Court’s judgment for the insurer.

Holdings

1. The MCS-90 endorsement covers liability for a motor carrier's negligence only when the liability arises while the vehicle involved in the accident is engaged in transporting property in interstate commerce at the time of the accident.
2. The truck was not transporting property in interstate commerce when the accident occurred because it was traveling solely within Connecticut from New Haven to Hamden to retrieve repair parts.
3. When interpreting federal statutes and regulations, Connecticut courts should give special consideration to Second Circuit precedent, particularly where Connecticut has not previously addressed the issue and uniformity is important.

Questions Presented

1. Whether the federally mandated MCS-90 endorsement applies to liability arising from any accident caused by an insured motor carrier, regardless of whether the specific trip was intrastate or interstate.
2. Whether the MCS-90 endorsement applies when the motor carrier's vehicle is engaged in an entirely intrastate trip within Connecticut.
3. Whether the trip from New Haven to Hamden to obtain repair parts was part of a continuous interstate movement because the parts were later intended to be installed in tow trucks used across state lines.

Disposition

affirmed