What Insurance, Permits, Etc. Do I Need to Get Started?

One of the biggest questions we encounter from new drivers is, “What do I need?” Interstate truckers need a variety of permits, registrations, insurance policies, etc. to ensure they are in compliance with various state and federal laws. We can help you with the specifics for your situation (just give us a call), but this will give you a good idea of where to start.

Permits, Authority, and More… What Do I Need?

The various regulatory permits and registrations needed can vary quite a bit depending on which states you’ll be running through, but there are a few basics you’ll most likely need. Let’s take a look:

·         DOT Number

·         FMCSA MC Authority

·         Truck Registration

o   IRP

o   Unified Carrier Registration or UCR (formerly Single State Registration or SSRS)

o   IFTA (International Fuel Tax Agreement)

·         Individual State Permits- Some states require additional permits and fees. Things like oversize and overweight permits only apply if your specific load requires it, but some fees apply to even standard sized loads. For example you may encounter Weight Distance Taxes, fuel taxes that are paid to the state directly (and not charged with fuel), property taxes, and other required permits and fees.

Insurance… How Much Coverage Is Enough?

Although you may need higher limits, depending on your circumstances, the following coverages are most common for trucking and transportation:

·         $1 Million Commercial Auto Liability

o   $1,000 Deductible  for Physical Damage Coverage

·         $100,000 Motor Truck Cargo

o   $1,000 Deductible Non-Owned Trailer Coverage

The best way to determine how much insurance you need specifically is to talk with one of our agents. We aren’t just here to sell a policy, but to educate, inform, and help you in your journey. We want you to have access to the highest quality insurance products at highly competitive rates. We can help you determine what coverage you need and which insurer can best provide it.

Getting started in the transportation industry can be confusing, but don’t let that stop you. We’re here  to help you figure out what you need so you can… Travel with Care.

Navigating CA CARB Regulations- 6 Essential Resources

If you drive a tractor-trailer in California, you’ve likely heard about the new regulations from the California Air Resources Board (CARB). The new environmental regulations have been slowly taking effect over the last several years and are now starting to impact small fleets and solo drivers. If you aren’t yet impacted by CARB regulations, you soon will be.

These regulations are complex and varied. The Gross Vehicle Weight Rating (GVWR) of your vehicle, the size of your fleet, the type of trailer you haul, and even where you drive (like ports and intermodel rail yards) impact which regulations apply to you and when they start applying.

To help you wade through the confusion, we’ve prepared a list of helpful resources to help you better understand the CA CARB rules. Keep checking back on our blog as well. We’ve got posts in the works to help you understand the changes so you can… Travel with Care.

·         Which Regulations Apply to You?– Are you confused about which regulations apply to you? This helpful questionnaire from the CA Air Resources Board will prepare an easy list of regulations based on your answers to 3 simple questions. If you have 5 minutes, you can quickly check out which regulations apply to you.

·         Take a Class– If you learn better in person, take a class. There are several classroom training courses available. Many of the courses (all of the ARB Compliance Training Courses) are free to take. Some are offered as webinars; if you have a computer and internet, you can attend wherever your next load takes you and you can even find archived webinar recordings for some of the courses. Checkout the complete list of available courses (click on the course title to see dates, times, and other registration information).

·         Watch a Video– While you’re waiting for that next load (provided you’re in a safe location of course), take a few minutes out to watch a short video on the CARB regulations. You’ll find a variety of informative videos on the ARB TruckStop official YouTube page.

·         Read a Summary– One of the best summaries of the regulations can be found here. It doesn’t cover everything, but it’s a great place to start.

·         Learn the Penalties– Do these new rules really matter? Check out the list of penalties if you don’t comply.

·         Get Help– Sometimes you just can’t find all the answers you need online. If you need personalized assistance, complete the Diesel Assistance Form and you can receive a reply by phone or email. You can also call in yourself at 1-866-6Diesel. Calls are answered between 8 and 5 Pacific Time Monday-Friday and a 24 hour voicemail system is available.

The CA CARB rules are confusing, but if you drive in California, you do need to learn them. Take a few minutes today and start looking at these resources so you can be in compliance.

 

EOBRs: Coming Soon to a Truck Near You?

Do you use an EOBR? It sounds like something out of a futuristic movie, but for many truck drivers an electronic on board recording device (EOBR) is simply part of their day to day, helping track hours of service, providing information to their employer about safety, and sometimes even offering navigational help. Since the devices first came to be, government agencies have been interested in using EOBR to improve safety records and cut down on violations.

What Are EOBRs?

Electronic on board recording devices (EOBR) aren’t a new technology at all. As early as 1990, the National Transportation Safety Board recommended the mandatory use of EOBRs on all heavy duty trucks. Since that time several attempts have been made to require these electronic log books for all commercial drivers although as of now these attempts have been largely unsuccessful and highly controversial.

If you aren’t familiar with the term EOBR, you might be more familiar with some of the other terms used to describe these devices. They may also be called ELDs (Electronic Logging Devices), e-logs, paperless logs, etc. The terms may be different, but deep down they are all basically the same devices.

Recent Proposed Regulations for EOBR

The latest big push for mandatory EOBR devices came this last March with the FMCSA proposing that ELDs be a requirement for interstate commercial bus and truck companies to improve HOS (hours of service) compliance. Speaking of the proposal Transportation Secretary Anthony Foxx said, “Today’s proposal will improve safety while helping businesses by cutting unnecessary paperwork – exactly the type of government streamlining President Obama called for in his State of the Union address… By leveraging innovative technology with Electronic Logging Devices, we have the opportunity to save lives and boost efficiency for both motor carriers and safety inspectors.”

The FMCSA believes that instituting electronic logs would reduce yearly fatalities by 20 and injuries by 434. Opponents to the proposed regulations fear that electronic logging could result in driver harassment and will lead to unnecessary expenses that won’t necessarily improve safety. The proposed devices would need to be integrated with the truck engine and be tamper resistant.

Electronic Logs: Will They Improve Safety?

While controversy remains over whether or not electronic logging devices are worth the investment, many large companies have chosen to adopt them voluntarily. For large organizations these devices can help companies stay on top of problems and provide better service to both their drivers and their customers. By using these logs to improve driver safety, companies can also reduce their insurance rates, often saving a substantial amount of money.

What do you think about electronic logs? Are you currently using them?

Will the Changes to Freight Broker Requirements Impact You?

Brokers and freight forwarders play a valuable role in the transportation industry often acting as the go between for carriers and consumers. They match willing trucks with loads that need hauling and help get goods from one end of the country to the other. Since those doing the shipping are often unaware of the intricacies and difficulties involved in transportation, brokers and freight forwarders save carriers a lot of trouble by helping ensure everything is ready to go. As any busy trucker knows you don’t have time to spend hours on the phone; brokers and freight forwarders deal with the customer so you can focus on driving (and getting there safely).

The FMCSA recently made changes to the requirements for freight brokers. Will these changes have any impact on you?

Freight Brokers Must Hold $75,000 Surety Bond

Beginning Oct. 1, 2013 the amount of bond a freight broker must hold increases to $75,000, up from $10,000. This is a big increase and will primarily impact small and new brokers. Group surety bonds are not currently allowed, but the FMCSA may revise this after evaluation.

Definition of Broker Changed

Another big change is a change in wording redefining broker as a person that arranges the moving of freight for a fee. The new law specifically prohibits motor carriers from brokering loads unless they are registered brokers. If you arrange for loads to be moved, you must register as a broker, even if it’s just a few loads on the side. Enforcement for this provision might take time to develop as it is difficult to determine how many motor carriers also broker loads.

Motor carriers that want to register as brokers should file an OP-1 Form with the FMCSA. Include your US DOT number, but leave the MC number blank. The FMCSA issues a separate MC number for brokering authority.

Actionable Changes You Can Make

The new laws mean changes for the transportation industry. Here are a few changes you might want to make in accordance with the new laws:

  •  Avoid accepting loads from unregistered brokers.
  •  Register with the FMCSA as a broker if you currently broker loads.
  •  Increase your bond amount if you are a registered broker.

How Will These Changes Affect You?

The full results of this change are yet unknown. It may result in less brokering fraud since it will be more difficult to start up a new operation. Bond premiums will be higher and more difficult to obtain. Freight rates may also increase since the new bond requirements will be more expensive, thus pushing up the cost of transportation. This may also lead to less competition and fewer brokers, especially small brokers. With fewer small brokers large brokers may increase profits and decrease payouts to owner operators. Larger bonds will provide more protection for non-payment. Only time will reveal the full impact of these changes on those across the transportation industry. The one thing we do know however is that these changes will make an impact.

While the FMCSA’s recent changes primarily deal with freight brokers, they will have an effect on all involved in transportation. How do you see these changes impacting you?

Report Claims Quickly and Get the Most from Your Policy

Crunch… it’s a sound no one likes to hear, especially when you’re driving a commercial vehicle.

Unfortunately, accidents do happen, even to the best drivers. In 2011 the FMCSA noted more than 5 million accidents reported to police with 273,000 involving large trucks. Safety can play a big role in helping you avoid these accidents, and when they do occur, knowing how to properly report your claim could be essential in getting you the most out of your truck insurance policy. When you have a claim make sure you report it quickly and thoroughly.

  Reporting a Claim- The Do’s and the Don’ts

  Do…

  ·         Get as Much Information as Possible– After an accident get as much information as possible. This will make it easier for your insurance company to figure out fault and ensure quick resolution of your case. Get as much information as you can from other drivers and passengers involved. Also make a note of any potential witnesses with their contact information.

  ·         Take Photos– A picture’s worth a thousand words, especially after a truck accident. Take pictures any damage (both vehicle and property), the accident scene (skid marks, vehicle positions, debris, etc.), the area where the accident occurred (road signs and markers) and any identifiers (license plates, insurance cards, etc.).

  ·         Contact the Police– While police may not come out to every accident scene, it is always a good idea to advise them of an accident, even if it seems minor.

  Don’t…

  ·         Delay– Report claims as soon as possible after an accident or event. Many truck insurance providers require that claims be reported within 24 hours or a higher deductible will apply. Having to pay double your deductible can greatly increase the cost of an accident. Save money by contacting us as soon as possible after an accident. We’ll help you deal with your insurance company.

  ·         Don’t Admit Fault– Never admit fault for accident, even if you think you might have caused it. Without understanding the complete picture behind the events, you don’t know whose fault an accident is. It’s possible that another driver was drinking or talking on the phone and is responsible. Don’t admit fault to other drivers or the police.

Do You Understand Your Policy?

  Every truck insurance policy is different, but understanding the details of yours is essential to getting the most out of your insurance, especially in an accident.  What’s your deductible? What are your requirements when reporting claims? If you don’t thoroughly understand your policy, take a few minutes and review it. The last thing you’ll want to deal with after an accident is trying to figure out your insurance coverage, although we’re happy to help if you need assistance.

Helping with claims is one of the many services we offer our customers here at Western Truck Insurance Services. We stay on top of your claim from the moment you report it to us, making sure you know what’s going on with your insurance company every step of the way. We only work with truck insurance providers that we trust and you can be sure that we’ll ask the right questions, get the best information and clearly relay any concerns to your insurance company. When we help you process claims you’ll know what’s happening, who’s handling what and how your needs are being met. Accidents are no fun, but with Western Truck Insurance Services by your side, they are a lot easier to handle.

  If it’s been awhile since you reviewed your coverage, give us a call. We can make sure your coverage is the best fit for your situation and give you a truck insurance quote for great coverage from some of the top truck insurance companies.

 

What Does the Future Hold for the Trucking Industry?

With ever rising fuel prices, stagnant cargo rates and increasing regulation, you might be worried about the state of the trucking industry. Are you going to be able to earn enough to support your family? What does the future hold? While we don’t have a crystal ball and can’t predict the future, careful analysis of the industry can shed some light on what changes you can expect in the coming months.

A series of recent investment reports about the trucking industry by Stiefel provide some valuable insights into what you may see in the weeks ahead. Let’s take a look:

·         52% of Truckload Carriers Expect Volumes to Grow Over the Next 12 Months– Increased volume means more work for truckers and higher rates, a very good thing for the industry.

·         CSA Scores Matter-80% of those surveyed indicate that some of their clients care about the safety scores of their drivers. Safe driving will not only help you to impress with your CSA scores, but also obtain the lowest possible rates on your insurance.

·         Driver Turnover Expected to Increase– As the economy continues to recover the turnaround for drivers is expected to increase from 100% to 150%, the level where it was before the recession. Truck drivers tend to switch between industries and as construction and other industries need more workers, driver turnover is expected to increase.

·         Sleep Study Requirement Could Lead to Shortages– If the FMCSA’s proposed sleep study requirement for high BMI drivers passes, a real driver shortage could result. Half of commercial licensed drivers have a BMI over 30. Sleep testing costs as much as $5,000. Many truckers will likely switch industries rather than submit to the testing. Fewer drivers could mean more money for those that remain.

·         Environmental Regulations Have Biggest Impact on Owner Operators– Potential new EPA regulations for fuel mileage could have a big impact on owner operators and smaller fleets. Increasing mileage will require big equipment changes. Smaller operations generally purchase equipment that can do multiple jobs; efficiency requirements may lead to highly specialized equipment that can only do one or two jobs.

·         Increased Expenses– The newer more efficient engines require more frequent maintenance. 40% of fleets reported increased expenses with the new 2010 engines while only 10% noted a decrease.

·         More Owner Operators Expected– Currently half of those receiving operating authority from the government are owner operators. As lease agreements become less lucrative, people decide to go at it alone. Stiefel expects many more owner operators in the coming months.

·         Less Reliance on Brokers– Carriers are choosing to use freight brokers less often. Brokers are most commonly used by companies making less than $25 million annually.

·         ELogs Becoming More Common-ELogs are becoming more common. Currently 42% of larger fleets are using them compared with 12% of smaller fleets. Some drivers are choosing to leave the industry rather than comply with these logs since they unveil unsafe driving practices fairly effectively.

·         Driver Shortages May Get Worse– While unemployment rates still hover at about 7.5%, in the trucking industry there are shortages of workers and they are expected to get worse. Increased regulation may lead to more drivers leaving the industry. Overall there are shortages in many areas in the industry: safety people, mechanics, drivers, etc.

What do you predict will happen in the coming months for the trucking industry? How will these predictions impact the way you drive? While the industry is constantly changing, one thing will always remain the same: we strive to bring you the best rates on great insurance.

SMS and SAFER Scores: An Introduction

The importance of safety in trucking can’t be overstated. Your life and the lives of others depend on your ability to safely get from Point A to Point B or anywhere else you may travel. Safety records, like your SMS or SAFER scores, help measure adherence to important safety practices. These scores provide an important snapshot into your safety record and can have a big impact on your insurance rates.

SMS vs. SAFER

SMS stands for Safety Measurement System. It is an on-road safety and performance measurement system utilized by the Federal Motor Carrier Safety Administration (FMCSA). The system was designed to change and adapt as new technologies and measurement guides are established. It is updated regularly (keep updated about any changes by checking the FMCSA website). Check SMS reports here.

SAFER stands for Safety and Fitness Electronic Records and is a system that provides safety information to both the trucking industry and the public online. You can search company safety snapshots free of charge using a company name, DOT number or MC number. Snapshots provide basic information about inspections, violations and crashes. More detailed information is available for a free by requesting a SAFER company profile.

How Are Scores Determined?

Both SMS and SAFER measure and report safety violations, but they do so a little differently. For example you are able to access a great deal of information about motor carriers and their violations for free using the SMS search option. You can find out not only how many violations are on a record, but also the specifics of these violations. SMS rates violations by severity. A parking violation might carry a weight of one while a more serious violation like inadequate brakes will be more serious. On the other hand SAFER only provides basic information in its free carrier snapshots.

Any time a violation is reported it leaves a negative mark on your record that can be seen by potential clients, employers, insurers, etc. Safer drivers are more appealing and a smaller risk and in turn will typically receive lower rates on insurance. Too many violations can result in penalties, fines and investigations.

SMS reports include information in a variety of BASIC categories including:

·         Unsafe Driving

·         Hours of Service Compliance

·         Driver Fitness

·         Controlled Substances and Alcohol

·         Vehicle Maintenance

·         Hazardous Materials Compliance

·         Crashes

How to Check Your Score

Knowing what your reports look like is essential to protecting your safety reputation. Motor carriers should regularly check their reports for accuracy. Keeping safety on your mind and striving to have a clean safety record will help you to improve your driving and possibly even lower your insurance rates. You can check your scores online from the FMCSA website. Check SAFER reports here and SMS reports here.

Correcting Errors

As you check your reports look for errors. The SMS results are based on state reported crash and inspection data. If you find an error you can report it using a portal known as DataQs. You can report errors or concerns for investigation.

Here at Western Truck Insurance Services we want you to Travel with Care and that means driving safely. Not only will safe driving help you save money on your insurance, it will also help you to make it home safely after a long journey on the road. Keep checking back and future posts will teach you some tips for improving your safety scores.

New Hours of Service Go Into Effect This July- Are You Ready for the Changes?

Do you wish you had a little more time on your hands? Working as a trucker often means long hours, many more than the typical American worker. While numerous people punch the time clock at their 40 hour a week jobs, some truckers drive as many as 82 hours any given week. If you feel like you need a vacation, you’re not alone, but the change in the hours of service rules from the FMCSA probably wasn’t the type of extra hours you were hoping to receive. These new rules mean big changes for many truckers and will have a real impact on how you work, how you drive and even on your insurance coverage starting in July of this year.

What Are the New Rules?

The new rules go into effect in just a few months; familiarize yourself with them now so you’ll be ready to follow them come July. Here are some of the highlights:

·        Number of Total Driving Hours Per Week Reduced- One of the biggest changes in the new hours of service rules impacts drivers who drive the maximum number of allowed hours each week. Currently an average of 82 hours of weekly driving time is allowed, but once the new rules take effect this number will decrease to 70 hours per week. No changes have been made to the number of allowed driving hours each day which will remain at 11.

·        Changes to 34 Hour Restart- Drivers working long hours often utilize the 34 restart to gain additional allowable driving hours during the week. After taking a 34 hour break the number of hours driven is reset to 0, allowing drivers to get a clean start on hours for the coming week. With the new rule each 34 hour restart must now include two consecutive 1 am to 5 am periods (driver’s local time). This reduces fatigue and allows the body to get optimal, nighttime sleep. Additionally the restart will only be available just once each week (168 hours).

·        30 Minutes of Rest Required Every 8 Hours- While the changes to the maximum number of weekly hours and the 34 hour restart will only effect truckers driving long hours, one provision will impact almost every trucker on the road. Starting in July all truckers will be required to take a 30 minute break every 8 hours. This break can be taken at any time, but you must never remain on duty for more than 8 consecutive hours without taking a break. You don’t have to rest during your break; it can be spent getting a meal, taking a walk, etc. as long as you’re off duty and not working.

·        More Information About the New Rules of Service- Get all the details about the new rules of service by reading the full report from the FMSCA. They have also prepared a helpful question and answer page that may answer some of your biggest questions regarding the upcoming changes.

The new regulations won’t just change the way you drive; they can also impact your insurance rates. Safety violations, including hours of service violations, can leave a negative mark on your SMS (Safety Management System) scores, which could potentially lead to higher insurance premiums. However, the reverse is also true. Truckers that consistently observe safety regulations and avoid receiving violations can often improve their insurance rates and save money. Whether you’ve got a few violations on your record or a perfectly clean report Western Truck Insurance Services would love to help you find the best rate possible. While trucking regulations change, one thing that will always remain the same is our focus on quality and helping drivers like you save time and money on great truck insurance.

General Liability – What is General Liability, Who Needs It, What does it Cover?

A form of Insurance designed to protect Owners and Operators’ businesses from a wide variety of liability exposures.  These exposures could include liability arising out of accidents resulting from the premises or the operations of an insured, products sold by the insured, operations completed by the insured, and contractual liability.

General Liability insurance is the first major layer of protection for claims of bodily injury or property damage against your business.  General Liability covers you, but it also covers many others involved in your business, such as:

  • If you have a joint venture or partnership, all of your partners, members and their spouses are protected if they are sued for something they do in an official capacity related to your business
  • If your business is a corporation, your policy covers all of your business executive officers, stockholders and directors while they are acting in their official capacities
  • If you have subsidiaries, your policy liability coverage extends to any subsidiary where you own at least 50 percent of the stock
  • Your employees are also protected from claims that result from actions they take in their capacity as employees.
  • If you have a written agreement to indemnify a person or organization, such as a vendor, that person or organization would be protected against liability claims for property damage or bodily injury as a result of selling or distributing your products
  • Anyone legally associated with your business, including volunteers working under your direction, are covered for liabilities that result from the work they do for you, and for the use or maintenance of your property that is in their care

What GL Insurance Provides

  • Bodily Injury
    – Covers Medical Costs
    – Loss Of Services
    – Court Awarded Compensation for deaths that result form Injury.
  • Property Damage
    – Physical damage to the property or
    – Loss of use of the property

Coverages

General Aggregate – limit that will be paid during any one policy period.
Occurrence – limit for the sum of damages and medical expenses because of all bodily injury and property damages arising out of any one occurrence.
Products & Completed Operations Aggregate –  limit for damages because of bodily injury and property damage.
Personal & Advertising Injury – limit for the sum of all damages because of all  personal and advertising injury sustained by any one person or organization.
Damage to Rented Premises – limit for damages because of property damage to any one premises while rented to you, or in the case of fire, while rented to you or occupied by you with permission of the owner.
Medical Expenses – limit for all medical expenses because of bodily injury sustained by any one person.

Rating

There are four main ways to rate General Liability:

  • Trucker’s Payroll
  • Gross Receipts
  • Number of Units
  • Area (square feet)

Excess Liability

  • Insurance that is excess over any other insurance, whether it is primary, excess, contingent or on any other basis.
  • Fire, Extended Coverage, Builder’s Risk, Installation Risk or similar coverage for your work
  • Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner
  • Insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with   permission of the owner

When this insurance is excess, there will be no duty to defend the insured against any suit if any provider of other insurance has a duty to defend the insured against that suit. If no provider of other insurance defends, we will undertake to do so, but we will be entitled to the insured’s rights against all those providers of other insurance.

  • When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
  • The total amount that all such other insurance would pay for the loss in the absence of this insurance
  • The total of all deductible and self-insured amounts under all such other insurance.
  • We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision.

Form MCS-90 – Financial Responsibility for Motor Carriers

Download: Form MCS-90 – Financial Responsibility for Motor Carriers

Financial responsibility means having insurance policies or surety bonds sufficient to satisfy the minimum public liability requirement. Public liability means liability for bodily injury, property damage and environmental restoration.  Environmental restoration means restitution for the loss, damage or destruction of natural resources arising out of an accidental discharge of toxic or other environmentally harmful materials of liquids.

The MCS-90 Endorsement;

Background:

The MCS-90 is a result of the Motor Carrier Act of 1980, carrier deregulation was a part of a sweeping deduction in price controls, entry controls and collective price setting in  US transportation that started in the 1970’s and ended when President Carter signed it into law on 7/1/1980.

It was envisioned to be a sweeping de-regulation of the trucking, railroad and airline industries to remove 45 years of excessive & inflationary Government restrictions and red tape and to have an anti-inflationary effect to reduce consumer costs and to conserve hundreds of millions of gallons of fuel.

Congress meantime became concerned with increased truck traffic & non-conformance with trucking regulations and began a debate (of course) to address these concerns.  At the same time,  the DOT conducted a random roadside inspection of commercial vehicles traveling on I-80 in Pennsylvania and the results were pretty staggering.  More the HALF of the commercial vehicles were placed out of service due to safety violations.

As a result of the debate and the informal study, Congress passed the MCA of 1980 (the Act) which by 1990 resulted  in the number of licensed carriers exceeded 40,000 – more then double the number in 1980.

The MCS-90 Endorsement: No Coverage? No Problem!

In order to get the trucking & insurance industries compliant with the Act’s mandated levels of financial responsibility, Congress created the MCS-90 endorsement.  It is essentially an endorsement that makes the insurer a surety to the public.

The Act requires the MCS-90 endorsement to be attached to ANY liability policy issued to motor carriers operating commercial vehicles that are transporting property in interstate or foreign commerce. (49 C.F.R. 387.3, 387.7)

The form is attached to a truckers coverage form, commercial auto form or business auto policy, depending on the form used by the insurer.  Usually, when a loss occurs, the motor carrier’s vehicle is listed in the declarations or is otherwise covered by the policy and the insurance contract itself provides the necessary coverage to protect the public.  Occasionally, as a result of underwriting errors, policy terms, insolvency or illegal trucking operations, a vehicle will have no coverage and the MCS-90 endorsement is triggered.

Policy Issues:

The purpose of the endorsement is to ensure adequate levels of insurance in the event of an accident involving a member of the public on the environment.  The MCS-90 creates a surety-ship by the insurer to protect the public when the insurance policy to which the MCS-90 is attached otherwise provides no coverage to the insured. (Canal Ins Co v Distribution Servs., Inc. 5th Cir. 2001)

In effect, the endorsement shifts the risk of loss for accidents occurring in the course of interstate commerce away from the public by guaranteeing that an injured party will be compensated even if the insurance carrier has a valid defense based on a condition in the policy. So Coverage Defenses DO NOT APPLY – the insurer is ultimately on the hook for any final judgment.

The MCS-90 does not however create any obligation on the part of the insurer to defend it’s insured for claims not covered by the policy, however a failure to defend may result in a default judgment and then the MCS-90 endorsement creates absolute liability on the part of the insurer to satisfy the judgment up to the policy limits listed on the endorsement.

Subrogation is Allowed:

If the insurer ultimately pays on a judgment where no coverage exists, there is a clause in the endorsement that “the insured agrees to reimburse the company for any payment made on account of any accident, claim or suit involving a breach of the terms of said policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in the endorsement” (49 C.F.R. 387.15)

In theory the insurer can recover from the insured but they cannot commence recovery efforts until after they make payment, which is often years after the loss and the insured can file bankruptcy or transfer it’s assets to avoid paying any judgment the insurer receives.

Some MCS-90 Interpretations:

The MCS-90 creates a duty to indemnify an insured for non-covered autos operated under the motor carrier’s authority  (John Deere Ins. Co v Nueva, 95h Cir 2000)

Without a lease between an owner/lessor and motor carrier/lessee, an insurer will not be required to indemnify the motor carrier for any judgment against the owner/lessor  (Jackson v O’Shields, 5th Circ 1996)

The obligations of an insurer to indemnify it’s insured also extend to any liability deductibles or self-insured retentions the insured may carry.

( David N Nissenberg, The Law of Commercial Trucking: Damages to Persons and Property 3rd Ed 2003)