Until recently, owner-operators and small trucking fleets generally obtained their bodily injury and property damage insurance coverage on a “Trucker’s Coverage Form” generated by Insurance Services Office, Inc. (“ISO”) and widely used by most underwriters.
However, in 2010, ISO discontinued the use of the “Trucker’s Coverage Form” and, instead, began generating a new form, known as the “Motor Carrier Coverage Form” (the “New Form”). Certain underwriters began using the New Form almost immediately while others are migrating to the New Form as they update their policy forms. Among other things, the New Form demands a sophisticated understanding of contracting practices as the scope of coverage, and the primacy of coverage, specifically turns on language contained in lease agreements and other contracts.
Naturally, many owner-operators and trucking fleets have questions about the New Form. These questions may include, but are not limited to, the following:
· How does the New Form change the definition of “insured”?
· Could an indemnification provision in a lease agreement affect my coverage?
· How important is it that a lease agreement be in writing?
· Under what circumstances does the New Form create primary coverage and excess coverage?
· Does the New Form treat “other insurance” as primary or excess?
· What language should I use or avoid in drafting owner-operator agreements, access agreements, shipper-carrier contracts, broker-carrier contracts, and equipment leases in order to maximize coverage under the New Form?
· What “Truth-in-Leasing” federal regulations’ provisions are required in my lease?
TLA is pleased to serve as a resource to those having questions about the New Form. Whether you are an insurance broker, an underwriter, an owner-operator, or the operator of a trucking company, if you have questions about the New Form, TLA stands ready to help. Please click the Motor Carrier Contract Help button on the home page, a list of all attorneys who have indicated a willingness and competency to provide advice relating to the New Form will appear in order by state. You may also narrow your search by selecting a state from the pull down menu.
We hope that you find this specific resource useful. Please understand that TLA is not endorsing any particular attorney, vouching for any attorney’s competence in these areas, or suggesting an appropriate fee agreement, if any, for any services that a TLA member might ultimately provide relating to this subject. TLA is not responsible for the content of any advice that you may ultimately obtain from any attorney appearing on the roster.