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Jeremy W. RichterJeremy W. Richter
Jeremy W. RichterJeremy W. Richter
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mcs-90 endorsement

The Effect of Punitive Damages Exclusions on Motor Carriers and Truckers

The Effect of Punitive Damages Exclusions on Motor Carriers and Truckers

Apr 17, 2017

Several months ago, another lawyer asked me this question: Is there any prohibition in Alabama against punitive damages exclusions as it relates to commercial vehicle mandatory insurance coverage limits? Without looking it up, my initial thought on the matter was no, there isn’t any such prohibition. But that led to a more interesting version of the question: What is the practical effect of punitive damages exclusions on an insurer when a motor carrier has an MCS-90 Endorsement in place? Well, that’s a pretty big house to build, so I want to lay a foundation, then build the thing one wall at a...

What Is an MCS-90 Endorsement?

What Is an MCS-90 Endorsement?

Feb 6, 2017

Minimum Financial Responsibility Requirements The Motor Carrier Act of 1980 requires that a commercial motor vehicle “has in effect the minimum levels of minimum responsibility,” in the form of liability insurance which ranges from $750,000.00 to $5,000,000.00 per accident, depending on the type of commodity being transported. Proof of the required financial responsibility must be maintained at the motor carrier’s place of business. The MCS-90 endorsement is the required proof that the motor carrier is in compliance with the federal regulations. However, “the endorsement is not a warranty by the insurer that the limits shown meet federal minimums; it is the motor carrier’s obligation –...

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