Form Mcs-90: Endorsement For Motor Carrier Policies of Insurance For Public Liability
Form Mcs-90: Endorsement For Motor Carrier Policies of Insurance For Public Liability
The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance by the insured, within
the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal
Motor Carrier Safety Administration (FMCSA).
In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the company) agrees to pay, within the limits of
liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of
motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980
regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory
authorized to be served by the insured or
elsewhere. Such insurance as is afforded for public liability does not apply to injury to or death of the insured's employees while engaged in the course of
their employment, or property transported by the insured, designated as cargo.
It is understood and agreed that no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon,
or violation thereof, shall relieve the Company from liability or from the payment of any final judgment within the limits of liability herein described,
irrespective of the financial condition, insolvency or bankruptcy of the insured. However, all terms, conditions and limitations in the policy to which the
endorsement is attached shall remain in full force and effect as binding between the insured and the Company. The insured agrees to reimburse the Company
for any payment made by the Company on account of any accident, claim, or suit involving a breach of the terms of the 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
this endorsement.
It is further understood and agreed that, upon failure of the Company to pay any final judgment recovered against the insured as provided herein, the judgment
creditor may maintain an action in any court of competent jurisdiction against the company to compel such payment.
The limits of the Company's liability for the amounts prescribed in this endorsement apply separately to each accident and any payment under the policy
because of any one accident shall not operate to reduce the liability of the Company for the payment of final judgments resulting from any other accident.
SCHEDULE OF LIMITS - PUBLIC LIABILITY
Type of Carriage Commodity Transported
(1)For-hire (in interstate or foreign commerce,
NON-HAZARDOUS MATERIALS CARGO ONLY
with a gross vehicle weight rating of 10,000 or Property (nonhazardous) SOLO MATERIALES DE CARGA NO PELIGROSOS $750,000
more pounds).
Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks,
(2)For-hire and Private (in interstate, foreign, or or hopper-type vehicles with capacities in excess of 3,500 water gallons, or in bulk Division
intraste commerce, with a gross vehicle weight 1.1, 1.2, and 1.3 materials, Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, $5,000,000
rating of 10,000 or more pounds). Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of
a Class 7 material, as defined in 49 CFR 173.403.
(3)For-hire and Private (in interstate or foreign
Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, and hazardous
commerce, in any quantity; or in intrastate
substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in (2) $1,000,000
commerce, in bulk only; with a gross vehicle
above or (4) below.
weight rating of 10,000 or more pounds).
(4)For-hire and Private (In intrastate or foreign Any quantity of Division 1.1, 1.2, or 1.3 material; any quantity of a Division 2.3, Hazard Zone
commerce, with a gross vehicle weight rating A, or Division 6.1, Packing Group I, Hazard Zone A material; or highway route controlled $5,000,000
of less than 10,000 pounds). quantities of a Class 7 material as defined in 49 CFR 173.403.
*The schedule of limits shown does not provide coverage. The limits shown in the schedule are for information purposes only.