Full actual loss, and a contract may not shrink it
Utah requires no cargo insurance and imposes an uncapped cargo liability. Those two facts sit in the same chapter and they are the most commercially important pairing on this page.
Utah Code 72-9-401(1)(a) requires a motor carrier receiving property for transportation from one point in the state to another to issue a receipt or bill of lading and makes it “liable to the lawful holder of the property for any loss, damage, or injury to the property caused by the motor carrier, or by any motor carrier to which the property may be delivered or over whose line or lines the property may pass within this state when transported on a through bill of lading.” Subsection (1)(b) then forecloses the usual escape: “A contract, receipt, rule, regulation, or other limitation of any character whatsoever may not exempt the motor carrier from this liability.”
Subsection (2) states the measure — “the full actual loss, damage or injury to the property” — and subsection (3)(a) provides that it applies “notwithstanding any limitation of liability or of the amount of recovery, or any representation or agreement as to the value of the property in any receipt or bill of lading or in any contract, rule, or regulation.” Subsection (3)(b) declares any limitation of liability unlawful and void, with a narrow released-value exception that operates only where the carrier expressly authorizes or requires rates dependent on a declared value “by order of the commission,” and (3)(c) confines the effect of any such declaration to limiting recovery to the declared amount.
For a class of freight whose value has almost no relationship to its weight, that is a large exposure. A deck carrying replacement parts bought at a premium because a production line has stopped is carrying a full-actual-loss liability that no bill of lading term will cut down, in a state that requires no cargo insurance and prescribes no cargo minimum.
The reading behind that second half is worth stating, because it is a negative. The complete R909 rule program — five rules, R909-1 Safety Regulations for Motor Carriers, R909-2 Utah Size and Weight Rule, R909-3 Standards for Advertisement on Utah School Buses, R909-4 Motor Carrier, Enforcement, Penalties, and R909-19 Safety Regulations for Tow Truck Operations — was enumerated from the Office of Administrative Rules index and read. No cargo insurance rule appears in any of them. A full-text search of the entire current Utah Administrative Code for “cargo” returns rules on air quality, petroleum storage tanks, hazardous waste, surplus property, heavy vehicle inspections, special fuel tax, size and weight, and adverse weather traction — and no insurance filing rule. A search for “household goods” across the whole code returns two rules, neither of them transportation.
The one cargo figure reachable from Utah law arrives through the incorporation of the federal financial-responsibility part, and it is a household goods provision whose filing runs to a federal agency rather than to Utah. It is recorded here so a general-freight operator does not mistake it for a state requirement, and it does not reach general freight in any event.
One further limit runs alongside 72-9-401 and belongs in the same conversation. Utah Code 72-9-402 sets limits of time for presenting claims and bringing suit, and 72-9-403 addresses contribution between connecting motor carriers. A carrier moving freight for another carrier under a through bill of lading is inside a statutory allocation regime, not merely a contractual one.