ORDER
JAMES D. WHITTEMORE, District Judge.
BEFORE THE COURT is National Independent Truckers Insurance Company's Motion for Summary Judgment (Dkt. 52), which Alene Desir and Wilner Mathieu d/b/a Mathieu Express oppose (Dkts. 54, 76).1 Upon consideration, the Motion is GRANTED.
I. Undisputed Material Facts
The evidence in this declaratory judgment action is undisputed.2 Plaintiff issued a commercial motor vehicle insurance policy to Wilner Mathieu d/b/a Mathieu Express ("Mathieu") applicable for the period of November 18, 2013 to November 18, 2014. (Dkt. 66 at 5). Two drivers, Wilner Mathieu and Jean E. Moise, were reported drivers on the policy. (Dkt. 66 at 11).
On December 27, 2013, Wilbert Sanon, an unreported driver, was driving a Mathieu owned tractor-trailer rig when he was involved in an automobile accident with a vehicle operated by Arisner Agenor in which Alene Desir was a passenger. (Dkt. 51 ¶ 1; Dkt. 66 at 11). At the time of the accident, Sanon was delivering a load from Kissimmee, Florida to Pompano Beach, Florida. (Dkt. 51 ¶ 2). This shipment of nonhazardous material was entirely within the State of Florida. (Dkt. 51 ¶ 2). And, on the date of the accident, Sanon did not drive a tractor-trailer assembly outside of the State of Florida. (Dkt. 51 ¶ 2). The weight of the tractor-trailer rig exceeded 10,000 pounds. (Dkt. 51 ¶ 3). And, the gross vehicle weight was 80,000 pounds. (Dkt. 66 at 9).
The policy's Unreported Driver Coverage Endorsement provides:
The limit of insurance provided by this policy with respect to any accident involving an unreported driver to which this insurance applies, including any accident with an uninsured or underinsured vehicle, shall be the minimum liability insurance coverage required under the Motor Vehicle Compulsory or Financial Responsibility Laws of the State having jurisdiction with respect to the issuance of this policy or the State in which the accident occurred if the law of that State requires that its motor vehicle Financial Responsibility Laws must be applied to the accident.
(Dkt. 68 at 3).3
II. Standard
Summary judgment is appropriate where "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). "A genuine factual dispute exists only if a reasonable fact-finder `could find by a preponderance of the evidence that the [non-movant] is entitled to a verdict.'" Kernel Records Oy v. Mosley, 694 F.3d 1294, 1300 (11th Cir. 2012) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986)). A fact is material if it may affect the outcome of the suit under the governing law. Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir. 1997).
The moving party bears the initial burden of showing the court, by reference to materials on file, that there are no genuine disputes of material fact that should be decided at trial. Hickson Corp. v. N. Crossarm Co., Inc., 357 F.3d 1256, 1260 (11th Cir. 2004) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)). If the moving party fails to demonstrate the absence of a genuine dispute, the motion should be denied. Kernel Records, 694 F.3d at 1300 (citation omitted). On the other hand, "`[i]f no reasonable jury could return a verdict in favor of the nonmoving party, there is no genuine issue of material fact and summary judgment will be granted.'" Lima v. Fla. Dep't of Children & Families, 627 F. App'x 782, 785-86 (11th Cir. 2015) (quoting Beal v. Paramount Pictures Corp., 20 F.3d 454, 459 (11th Cir. 1994)).
III. Discussion
Plaintiff contends that the undisputed evidence shows that Sanon was transporting nonhazardous materials in intrastate commerce at the time of the accident. And pursuant to the Unreported Driver Coverage Endorsement, the minimum limits of insurance, $300,000, under Fla. Stat. § 627.7415 apply, rather than the minimum limits of insurance, $750,000, under 49 C.F.R. § 387.9. Rather than rebutting Plaintiff's evidence, Desir speculates that the tractor-trailer "was engaged in foreign and interstate commerce" and therefore the minimum limits of $750,000 apply.4 Desir's position is unsupported and does not create a genuine issue of material fact.
The Motor Carrier Act of 1980 addresses financial responsibility for trucking accidents. 49 U.S.C. § 13906(a); see Nat'l Specialty Ins. Co. v. Martin-Vegue, 644 F. App'x 900, 906 (11th Cir. 2016). It applies, with exceptions, to "for-hire motor carriers operating motor vehicles transporting property in interstate or foreign commerce" and "to motor carriers operating motor vehicles transporting hazardous materials, hazardous substances, or hazardous wastes in interstate, foreign, or intrastate commerce." 49 C.F.R. § 387.3. And, it requires motor carriers registered to engage in interstate commerce to carry a minimum amount of insurance.5 49 U.S.C. § 13906(a); Carolina Cas. Ins. Co. v. Yeates, 584 F.3d 868, 873-74 (10th Cir. 2009); Martin-Vegue, 644 F.App'x at 906.
The majority of courts considering whether the financial responsibility requirements of the MCA apply initially determine the nature of the transport "at the time of the accident." See Martin-Vegue, 644 F. App'x at 907 ("the relevant question is whether Freight was the for-hire motor carrier . . . at the time of the accident"); Herrod v. Wilshire Ins. Co., 499 F. App'x 753, 760 (10th Cir. 2012) (remanded to determine whether driver was acting as "for-hire" at the time of the accident); Canal Ins. Co. v. Coleman, 625 F.3d 244, 251 (5th Cir. 2010) (recognizing that the "at the time of the accident" analysis is the majority approach)6.
Rather than disputing the nature of the transport at the time of the accident, Desir conclusively argues that the MCA applies because the "rig was intended to travel outside of Florida and possessed the necessary, federally mandated insurance minimums to conduct such interstate business." (Dkt. 54 at 3). Desir fails to point to any evidence to support her position.7 It is undisputed that at the time of the accident, Sanon was transporting nonhazardous property in intrastate commerce. (Dkt. 51 at 3). Therefore, the financial responsibility requirements of the MCA do not apply. See Martin-Vegue, 644 F. App'x at 907; Herrod, 499 F. App'x at 760; Canal, 625 F.3d at 249.
The Unreported Driver Coverage Endorsement provides that the limit of insurance for accidents involving an unreported driver "shall be the minimum liability insurance coverage required under the Motor Vehicle Compulsory or Financial Responsibility Laws of the State having jurisdiction with respect to the issuance of this policy or the State in which the accident occurred if the law of that State requires that its motor vehicle Financial Responsibility Laws must be applied to the accident."8 (Dkt. 68 at 3) (emphasis added). The plain, unambiguous meaning of the Unreported Driver Coverage Endorsement is that Florida's financial responsibility laws applies. See Taurus Holdings, Inc. v. U.S. Fid. & Guar. Co., 913 So.2d 528, 532 (Fla. 2005) (unambiguous insurance contracts construed according to their plain meaning).
Under Fla. Stat. § 627.7415(3), the minimum level of combined bodily liability insurance and property damage liability insurance for a commercial vehicle with a gross vehicle weight of 44,000 pounds or more is $300,000. Therefore, because Sanon was an unreported driver on the policy and the Wilner owned tractor-trailer's gross vehicle weight was 80,000 pounds, the minimum level of combined bodily liability insurance and property damage liability insurance available under the policy for the accident on December 27, 2013 is $300,000. Fla. Stat. § 627.7415(3); Taurus Holdings, 913 So. 2d at 532.
Accordingly, National Independent Truckers Insurance Company's Motion for Summary Judgment is GRANTED. The Clerk is directed to ENTER FINAL JUDGMENT in favor of Plaintiff and CLOSE the file.
DONE AND ORDERED.
