322 Conn. 47
Conn.2016Background
- Tony's Long Wharf Transport, LLC (Tony's), insured by Empire Fire & Marine, operated a wrecker that struck Renee Martinez in Connecticut; Martinez obtained an unpaid negligence judgment against Tony's.
- Tony's liability policy included the federally mandated MCS-90 endorsement; the truck involved was not listed on the policy for that date.
- The accident occurred on a purely intrastate trip: an employee was driving from Tony's New Haven facility to a parts dealer in Hamden and back to New Haven to get repair parts.
- Martinez sued Empire under Connecticut statute seeking recovery under the MCS-90 endorsement; Empire moved for summary judgment denying coverage.
- The trial court applied a "trip-specific" test (adopting Second Circuit precedent) and granted summary judgment for Empire; the Appellate Court affirmed on an alternative ground; the Connecticut Supreme Court granted certification.
- The Supreme Court affirmed the trip-specific approach and held the trip was intrastate (parts pickup and return constituted a discrete intrastate trip), so the MCS-90 did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of MCS-90: whether endorsement covers any negligence by an insured motor carrier whenever the endorsement is on the policy, regardless of trip | Martinez: MCS-90 is broad"regardless of ... route" and should apply whenever the carrier is a registered interstate carrier and the endorsement is on the policy | Empire: MCS-90 covers only liability "subject to the financial responsibility requirements"—i.e., liability arising while vehicle is engaged in interstate transportation (trip-specific) | Court: Adopted trip-specific approach; MCS-90 applies only when the vehicle is engaged in interstate commerce at time of accident (absent limited exceptions) |
| Whether this trip was interstate commerce (continuous movement/one leg of interstate journey) | Martinez: The Hamden trip was a leg of a broader interstate movement because parts would later be installed into trucks that would be used interstate | Empire: The parts pickup and subsequent installation terminated any continuity; later interstate movement of repaired trucks is a separate trip | Court: Trip was intrastate; installation materially changed the parts (new commodity), so later interstate movement is a new journey and MCS-90 does not apply |
Key Cases Cited
- Lyons v. Lancer Ins. Co., 681 F.3d 50 (2d Cir. 2012) (adopts trip-specific test; MCS-90B inapplicable where vehicle was not in interstate commerce at time of accident)
- Canal Ins. Co. v. Coleman, 625 F.3d 244 (5th Cir. 2010) (majority approach: determine MCS-90 applicability by trip-specific analysis)
- Bilyou v. Dutchess Beer Distributors, Inc., 300 F.3d 217 (2d Cir. 2002) (goods may be part of interstate movement if in "practical continuity of movement")
- Roberts v. Levine, 921 F.2d 804 (8th Cir. 1990) (manufacture or substantial processing interrupts continuity and starts a new trip)
- Heron v. Transportation Casualty Ins. Co., 274 Va. 534 (Va. 2007) (contrary view: interpreted MCS-90 language broadly to cover intrastate accidents involving a registered interstate carrier)