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The MCS-90 Book

Commercial Auto

About This Product

The MCS-90 Book will 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.

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Product Description

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 policy
  • Use of the MCS-90B
  • State Forms E and F
  • Underwriting pitfalls and guidance

Benefits to You

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

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