Form Mcs-90 - Endorsement For Motor Carrier Policies Of Insurance For Public Liability Under Sections 29 And 30 Of The Motor Carrier Act Of 1980 Page 2
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2FORM MCS-90 Revised 06/19/2014
OMB No.: 2126-0008 Expiration: 06/30/2016
The insurance policy to which this endorsement is attached
or violation thereof, shall relieve the company from liability or
provides automobile liability insurance and is amended to assure
from the payment of any final judgment, within the limits of
compliance by the insured, within the limits stated herein, as a
liability herein described, irrespective of the financial condition,
insolvency or bankruptcy of the insured. However, all terms,
motor carrier of property, with Sections 29 and 30 of the Motor
Carrier Act of 1980 and the rules and regulations of the Federal
conditions, and limitations in the policy to which the endorsement
Motor Carrier Safety Administration (FMCSA).
is attached shall remain in full force and effect as binding between
the insured and the company. The insured agrees to reimburse
In consideration of the premium stated in the policy to which this
the company for any payment made by the company on account
endorsement is attached, the insurer (the company) agrees to pay,
of any accident, claim, or suit involving a breach of the terms of
within the limits of liability described herein, any final judgment
the policy, and for any payment that the company would not have
recovered against the insured for public liability resulting from
been obligated to make under the provisions of the policy except
negligence in the operation, maintenance or use of motor vehicles
for the agreement contained in this endorsement.
subject to the financial responsibility requirements of Sections
29 and 30 of the Motor Carrier Act of 1980 regardless of whether
It is further understood and agreed that, upon failure of the
or not each motor vehicle is specifically described in the policy
company to pay any final judgment recovered against the insured
and whether or not such negligence occurs on any route or in
as provided herein, the judgment creditor may maintain an action
any territory authorized to be served by the insured or elsewhere.
in any court of competent jurisdiction against the company to
Such insurance as is afforded, for public liability, does not apply
compel such payment.
to injury to or death of the insured’s employees while engaged in
The limits of the company’s liability for the amounts prescribed
the course of their employment, or property transported by the
in this endorsement apply separately to each accident and any
insured, designated as cargo. It is understood and agreed that
payment under the policy because of anyone accident shall not
no condition, provision, stipulation, or limitation contained in
operate to reduce the liability of the company for the payment of
the policy, this endorsement, or any other endorsement thereon,
final judgments resulting from any other accident.
SCHEDULE OF LIMITS — PUBLIC LIABILITY
Type of carriage
Commodity transported
January 1, 1985
(1) For-hire (in interstate or foreign commerce, with a
Property (nonhazardous)
$750,000
gross vehicle weight rating of 10,000 or more pounds).
(2) For-hire and Private (in interstate, foreign, or
Hazardous substances, as defined in 49 CFR 171.8,
$5,000,000
intrastate commerce, with a gross vehicle weight rating
transported in cargo tanks, portable tanks, or hopper-
of 10,000 or more pounds).
type vehicles with capacities in excess of 3,500 water
gallons; or in bulk Division 1.1, 1.2, and 1.3 materials,
Division 2.3, Hazard Zone A, or Division 6.1, Packing
Group I, 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,
$1,000,000
commerce, in any quantity; or in intrastate commerce,
hazardous materials, and hazardous substances
in bulk only; with a gross vehicle weight rating of
defined in 49 CFR 171.8 and listed in 49 CFR 172.101,
10,000 or more pounds).
but not mentioned in (2) above or (4) below.
(4) For-hire and Private (In interstate or foreign
Any quantity of Division 1.1, 1.2, or 1.3 material; any
$5,000,000
commerce, with a gross vehicle weight rating of less
quantity of a Division 2.3, Hazard Zone A, or Division
than 10,000 pounds).
6.1, Packing Group I, Hazard Zone A material; or
highway route controlled 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.
FORM MCS-90 Page 2 of 2
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