Form MCS-90 at a glance
What it is: Form MCS-90 is the Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980, a United States Department of Transportation form.
Who signs: Under SIGN, the authorized company representative signs on the Countersigned by line.
The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance by the insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA).
A filled-in Form MCS-90 example: an insurer endorses a primary policy
How to fill out Form MCS-90, box by box
Issued to
Under Issued to, enter the Motor Carrier name, the Motor Carrier state or province and the USDOT Number.
Dated at
Under Dated at, fill in "on this , day of".
Amending Policy Number, Effective Date and Name of Insurance Company
Enter the Amending Policy Number, the Effective Date and the Name of Insurance Company.
Countersigned by
Under SIGN, the authorized company representative signs on the Countersigned by line.
Primary or excess insurance
The policy to which this endorsement is attached provides primary or excess insurance, as indicated for the limits shown (check only one).
If this insurance is primary, check the primary box and enter in the blank the amount in excess of which the company shall not be liable for each accident.
If this insurance is excess, check the excess box. Enter in the first blank the amount in excess of which the company shall not be liable for each accident, and in the second blank the underlying limit for each accident.
The telephone number to call
Enter the telephone number to call. Whenever required by the Federal Motor Carrier Safety Administration (FMCSA), the company agrees to furnish the FMCSA a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FMCSA, to verify that the policy is in force as of a particular date.
More rules for Form MCS-90
Cancellation of this endorsement may be effected by the company or the insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the FMCSA's registration requirements under 49 U.S.C. 13901, by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington, DC).
It is understood and agreed that no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured.
However, all terms, conditions, and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company.
The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement.
The limits of the company's liability for the amounts prescribed in this endorsement apply separately to each accident and any payment under the policy because of anyone accident shall not operate to reduce the liability of the company for the payment of final judgments resulting from any other accident.
Accident includes continuous or repeated exposure to conditions or which results in bodily injury, property damage, or environmental damage which the insured neither expected nor intended.
Motor Vehicle means a land vehicle, machine, truck, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway for transporting property, or any combination thereof.
Bodily Injury means injury to the body, sickness, or disease to any person, including death resulting from any of these.
Property Damage means damage to or loss of use of tangible property.
Public Liability means liability for bodily injury, property damage, and environmental restoration.
Common questions about Form MCS-90
Can you explain the MCS-90 endorsement and what it does?
In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere. Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured's employees while engaged in the course of their employment, or property transported by the insured, designated as cargo.
Where do I file it?
Filings must be transmitted online via the Internet at https://www.fmcsa.dot.gov/registration.
Sources
[1] Form MCS-90 (Rev 7/6/2024), U.S. Department of Transportation, Federal Motor Carrier Safety Administration (the Official source link on this page).
