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The MCS-90 Book

By: Carl R. Sadler, CPCU, ASLI, Laurence Rabinovich
The MCS-90 Book

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The MCS-90 Book

By: Carl R. Sadler, CPCU, ASLI, Laurence Rabinovich

Product type: 1 Year Subscription

Publication Date(s): 2004, 2008, 2011, 2013, 2020

Part of: Books Package

Discount: Prices shown include a 5% discount for choosing the annual payments option

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Summary

Open your eyes to the many potential pitfalls, coverage traps, underwriting concerns, and claims issues lurking under the surface of the seemingly innocuous MCS-90 endorsement. If you buy insurance for, sell insurance to, or underwrite insurance on commercial vehicles, you need this must-read reference to master the nuances and application of the MCS-90 endorsement.  

The MCS-90 endorsement is an often misunderstood and litigated one-page endorsement mandated by the Motor Carrier Act of 1980. The MCS-90 is attached to auto insurance policies for the purpose of certifying that the insured maintains the required minimum level of financial responsibility in order to compensate others for public liability, including pollution, arising from an auto or motor carrier (trucking) accident. Strictly speaking, the MCS-90 is not a traditional endorsement that enhances or restricts coverage, but more akin to a surety agreement guaranteeing payment. The most obvious category of businesses that need this endorsement is motor carriers (truckers) of all types. Additionally, however, it is often needed by others with vehicle fleets such as private carriers.

The MCS-90 Book covers these topics.

  • Historical and statutory developments of the MCS-90 endorsement
  • The Motor Carrier Act of 1980
  • The scope of the MCS-90
  • What triggers the MCS-90 versus when it is not triggered?
  • When is the endorsement primary versus excess?
  • Environment restoration
  • Cancellation of the MCS-90 versus cancellation of the supporting insurance poicy
  • Use of the MCS-90B
  • State Forms E and F
  • Underwriting pitfalls and guidance

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.
  • Help 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, and 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.
  • Discover the pitfalls and watch for them when underwriting motor carrier accounts.

Claims Adjusters

  • Show brokers and insureds documentation explaining the insurer's right of subrogation under the MCS-90 endorsement.
  • Understand and explain the differences between the MCS-90 endorsement and traditional insurance endorsements.

Attorneys

  • Prepare briefs faster using the citations and discussions of case law interpreting the MCS-90 endorsement.
  • Get up to speed on what this unusual endorsement accomplishes and what it doesn't.

Consultants

  • Get up to speed on what this unusual endorsement accomplishes and what it doesn't.
  • Help 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.
    Bonus Publication Icon

    Your purchase of an IRMI reference product includes a complimentary subscription to The Electronic Owl e-newsletter. You'll receive a monthly update with links to new content and tips on how to get the most from your IRMI resources. 

    Bonus Publication Icon

    Your purchase of The MCS-90 Book comes with a digital copy of the Contractor's Guide to CIPs, a handy reference that provides guidance on 38 issues contractors should consider when accepting coverage through a wrap-up or controlled insurance program.