For insurers seeking to boost the bottom line, significant recovery opportunities exist under form MCS-90, the Endorsement for Motor Carrier Policies of Insurance for Public Liability under sections 29 and 30 of the Motor Carrier Act of 1980. What follows below is a discussion of MCS-90, including a historical primer. We will also discuss recovery strategies and practicalities for reimbursing insurers for payments made where the insurer would otherwise have no payment obligations.
Historical Background
In the late 1970s, Congress debated the negative consequences of the trucking industry deregulation. Simultaneously, the Department of Transportation (DOT) conducted a random roadside inspection of commercial motor vehicles traveling on Interstate 80 in Pennsylvania with shocking resultsmore than half of the commercial vehicles were placed out of service because of a variety of safety violations. As a result of congressional debate and the DOT's informal study, Congress passed the Motor Carrier Act of 1980 (the Act).
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