Summary: Physical damage and liability insurance for truckers (persons or organizations “engaged in the business of transporting property by auto for hire”), including coverage of the specialized liability exposure created by trailer interchange agreements, is provided in the truckers coverage form of Insurance Services Office, CA 00 12 03 06. The truckers form replaces earlier methods of arranging equivalent coverage by means of a number of endorsements to the comprehensive or basic automobile policy. Like the business auto coverage form that replaced those earlier contracts, the ISO truckers coverage form features a simplified-language format.
In most respects, the words and phrases that make up the truckers form follow the language of the business auto coverage form (CA 00 01 03 06) and the motor carrier coverage form (CA 00 20 03 06). For example, the liability coverage insuring agreement on all the forms states that the insurer will pay all sums that the insured legally must pay as damages due to injury caused by an accident and resulting from the ownership, maintenance, or use of a covered auto. As befits its specialized purpose, however, the truckers form does alter certain provisions and adds other provisions to fit coverage more precisely to the loss exposures faced by for-hire carriers of property.
The following discussion centers, therefore, on the areas of the truckers form that are unique to that form. Provisions of the truckers coverage form not discussed in these pages are those that are identical to the corresponding provisions of the business auto form and the motor carrier coverage form.
Covered Autos
The truckers form makes use of a set of numerical symbols for designating which autos qualify as “covered autos,” just as the business auto and motor carrier forms do. The truckers symbols and the categories of vehicles they designate are as follows:
41 — Any “Autos”
42 — Owned “Autos” Only. Only the “autos” you own (and for liability coverage any “trailers” you don't own while connected to a power unit you own). This includes those “autos” you acquire ownership of after the policy begins.
43 — Owned Commercial “Autos” Only. Only those trucks, tractors and “trailers” you own (and for liability coverage any “trailers” you don't own while connected to a power unit you own). This includes those trucks, tractors and “trailers” you acquire ownership of after the policy begins.
44 — Owned “Autos” Subject to No-Fault. Only those “autos” you own that are required to have no-fault benefits in the state where they are licensed or principally garaged. This includes those “autos” you acquire ownership of after the policy begins provided they are subject to the no-fault law in the state where they are licensed or principally garaged.
45 — Owned “Autos” Subject to a Compulsory Uninsured Motorists Law. Only those “autos” you own that, because of the law in the state where they are licensed or principally garaged, are required to have and cannot reject uninsured motorists insurance. This includes those “autos” you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement.
46 — Specifically Described “Autos”. Only those “autos” described in ITEM THREE of the truckers declarations page for which a premium charge is shown (and for liability coverage any “trailers” you don't own while attached to any power unit described in ITEM THREE).
47 — Hired “Autos” Only. Only those “autos” you lease, hire, rent or borrow. This does not include any “private passenger type auto” you lease, hire, rent or borrow from any member of your household, any of your “employees”, partners (if you are a partnership), members (if you are a limited liability company), or agents or members of their households.
48 — “Trailers” in Your Possession Under a Written Trailer or Equipment Interchange Agreement. Only those “trailers” you do not own while in your possession under a written “trailer” or equipment interchange agreement in which you assume liability for “loss” to the “trailers” while in your possession.
49 — Your “Trailers” in the Possession of Anyone Else Under a Written Trailer Interchange Agreement. Only those “trailers” you own or hire while in the possession of anyone else under a written “trailer” interchange agreement. When symbol “49″ is entered next to a physical damage coverage in ITEM TWO of the declarations, the physical damage coverage exclusion relating to “loss” to a “trailer” in the possession of anyone else does not apply to that coverage.
50 — Nonowned “Autos” Only. Only those “autos” you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes “private passenger type autos” owned by your “employees”, partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs.
59 – Mobile Equipment Subject to Compulsory or Financial Responsibility or Other Motor Vehicle Insurance Law Only. Only those “autos” that are land vehicles and that would qualify under the definition of “mobile equipment” under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged.
Analysis
These symbols that designate covered autos are different from those used on the motor carrier form in that different numbers are used to describe the covered autos. The actual description of the covered autos is the same except that the truckers form does not have a symbol for “owned private passenger type autos only” like the motor carrier form does. This reflects the reality that a truckers policy is meant simply to provide insurance for other than private passenger type autos. For an analysis of the symbols for covered autos in the motor carrier form, see Motor Carrier Coverage Form; the article is on the Auto D.1 pages.
Another point is that excluded under the “hired autos only” designation on the truckers form (and for that matter, on the motor carrier form) are private passenger type autos hired or borrowed by the insured from an employee, partner, member of a limited liability company, agent, or household member. The corresponding designation in the business auto coverage form (BAP) excludes all autos hired or borrowed from any of the named insured's employees or partners or members of their households. The truckers form and the motor carrier form cover under this designation—while the BAP does not—trucks, tractors, and trailers hired or borrowed from the employee. And, unlike the BAP, the truckers form and the motor carrier form exclude from coverage under this designation a private passenger auto hired or borrowed from a member of the named insured's household.
For more information on the symbols for covered autos in the business auto form, see Business Auto Form; Auto A.3.
Liability Coverage
The provisions in this section of the truckers form contain the liability insuring agreements, the “who is an insured” information, coverage extensions, exclusions, and limit of insurance information. These provisions are the same as those that appear in the motor carrier form for the most part; for an analysis of the liability coverage provisions, see Motor Carrier Form—Liability Coverage; Auto D.2.
The “who is an insured” provisions do offer slight differences between the truckers form and the motor carrier form. The differences center around the use of the term “trucker” as opposed to “motor carrier” and the truckers form excluding private passenger type autos, unlike the motor carrier form. The provisions that are different on the truckers form are shown below.
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