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The MCS-90 Endorsement

The MCS-90 endorsement is one means by which an interstate motor carrier can demonstrate compliance with minimum financial requirements established by federal statute and regulations. The application of this endorsement by the courts, however, has caused a great deal of confusion and debate.  This article will address the MCS-90 endorsement; when and how it applies; and other specific issues arising thereunder.

  • The Motor Carrier Act of 1980
  • The MCS-90 Endorsement as a Surety Obligation
  • No Duty to Defend Under the MCS-90
  • “Up to” Federally-Mandated Limits
  • MCS-90 as to Primary Policy Limits
    • MCS-90 on Excess Policies
    • When Underlying Limits are Inadequate
    • Application of the MCS-90 When the Vehicle is Leased to Another Motor Carrier
  • The MCS-90 Does not Apply to Disputes Between Insurers
  • Reimbursement Under the Endorsement
  • Injured Party’s Insurance is not “Other Available Insurance”
    • Effect of Settlement on Indemnity and Reimbursement Rights
  • To Whom does the Endorsement Extend?
  • Employee versus Independent Contractor
  • Does the Endorsement Apply Outside the US?
  • Duties of Excess Carrier
  • Application to Punitive Damages
  • How to Effectively Cancel an MCS-90 Endorsement
  • Can the MCS-90 be Read into the Policy as a Matter of Law?