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The MCS-90 Book - Print Edition
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The MCS-90 Book - Print Edition

Product type: Book

Publication Date(s): 2004, 2008, 2011, 2013

Edition: Fourth

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Summary

Open your eyes to the many potential pitfalls, coverage traps, underwriting concerns, and claims issues lying under the surface of this seemingly innocuous endorsement.

The MCS-90 endorsement is a highly misunderstood and increasingly litigated one-page endorsement required by the Motor Carrier Act of 1980 to be attached to auto insurance policies. Its purpose is to certify that the insured maintains a minimum level of financial responsibility for compensating others for loss arising from pollutants released in an auto or truck accident. The most obvious category of businesses that need this endorsement is truckers of all types. Additionally, however, it is often needed by others with vehicle fleets (i.e., private carriers).

This IRMI book will open your eyes to the many potential pitfalls, coverage traps, underwriting concerns, and claims issues lying under the surface of this seemingly innocuous endorsement. If you buy insurance for, sell insurance to, or underwrite insurance on commercial vehicles, you should read this book to stay out of hot water. Adjusters and attorneys working with trucking and environmental claims will also find it invaluable.

The MCS-90 Book covers these topics.

  • Important Historical Developments Affecting the Motor Carrier Industry
  • The Motor Carrier Act of 1980
  • The Motor Carrier Industry Now
  • The Matter of Safety and Insurance
  • Policy Forms Compared—An Industry Response
  • Truckers—Insurance for Nontrucking Use
  • Anti-Indemnification Laws
  • Insurance and Minimum Financial Responsibility
  • The MCS-90 Endorsement: The Good, Bad, and Ugly
  • Litigation Issues
  • An Industry in Transition: Can The MCS-90 Be Fixed or Replaced?
  • Commercial General Liability Policy vs. Commercial Auto Policy

Download Table of Contents

Agents, Brokers, and Account Support Staff

  • Understand the coverage gap that often exists when this endorsement is used and how to close it.
  • Helps you explain to your clients why they need to buy auto pollution coverage even if this endorsement is on their policy.
  • Circumvent exposure pitfalls and help insureds make the right coverage option choices.

Risk Managers, Financial Executives, & Insurance Buyers

  • Avoid costly truckers and motor carrier liability insurance coverage gaps.
  • Explain to management why auto pollution liability insurance is needed.

Underwriters

  • Get up-to-speed on what this unusual endorsement accomplishes (and what it doesn't do).
  • Advise brokers and insureds on the need for and application of this endorsement.

Claims Adjusters

  • Show brokers and insureds documentation explaining the insurer's right of subrogation under the MCS-90 endorsement.

Attorneys

  • Prepare briefs faster using the citations and discussions of caselaw interpreting the MCS-90 endorsement.

Consultants

  • Get up-to-speed on what this unusual endorsement accomplishes (and what it doesn't do).
  • Helps you explain to your clients why they need to buy auto pollution coverage even if this endorsement is on their policy.
     

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