Fleet Insurance Hazardous Materials Transportation Insurance Class 1 Explosives
A.1., paragraph a. of the CA9948 endorsement, the endorsement says that the coverage provided by CA9948 applies except for liability assumed under a contact or agreement. In other words, if the crash had a pollution spill caused by the insured’s negligence, the CA9948 endorsement would provide coverage. But if the pollution event was caused by the shipper loading the load and the load escaped because of the negligence of the shipper loading the load, there would not be coverage for the shipper even if the insured held the shipper harmless (in an insured contract). The endorsement provides coverage to the insured but not to any other negligent party even if the insured agreed to under a written agreement to hold them harmless.
To address the possible need of the Transportation Pollution stand-alone policy would be if the insured held someone harmless for their negligence, the CA9948 would not consider the agreement an insured contract but the stand alone policy might. I say might because not all Transportation Pollution stand-alone policies are uniform.
One other consideration, even if the individual who is a motor carrier holds a customer (shipper) harmless if the contract is subject to state laws where the law has an anti-indemnification provision (42 states have such laws – all but Mississippi, Ohio, Delaware, New York, New Jersey, Rhode Island, Vermont and New Hampshire) the contract cannot be enforceable because of state laws.
Other possible needs for a stand-alone Transportation Pollution policy (remember policy wording could be different) if the insured has other responsibilities beyond transportation like loading and unloading with a mechanical device not attached to the covered auto, flatbed operation hauling 55 gallon drums of oil, motor carrier is required to unload the drums and uses a forklift and while unloading the forklift turns over and drum hits the ground and opens and oil escapes. An AL policy with CA9948 would not address because of Exclusions 7 and 8 – GL would not address because insured brought the oil to the accident location, so stand-alone policy could address loss. If insured has any responsibility beyond hauling the load, has any contractual responsibility and is under a state law without anti-indemnification provision then the stand-alone policy would be needed.
Lastly, of course if the AL carrier would not provide the CA9948 endorsement, the stand-alone policy would be needed.
Is it worth looking into a stand-alone pollution policy? Probably – Would it provide protection that CA9948 does not – Maybe, but depending on the wording of the stand-alone policy, the availability and or cost of the CA9948 endorsement or if the insured does more than provide transportation.
By: Tommy Ruke
- Class 1 – Explosives
- Class 2 – Gases
- Class 3 – Flammable Liquid
- Class 4 – Flammable Solid
- Class 5 – Oxidizing Substances ; Organic Peroxides
- Class 6 – Poisonous (Toxic) and Infectious Substances
- Class 7 – Radioactive Material
- Class 8 – Corrosives
- Class 9 – Miscellaneous Dangerous Goods
Fleet Insurance Hazardous Materials Transportation Insurance Class 1 Explosives
Hazmat Transportation Insurance Requirements FMCSA Part 387 Minimum levels
Question 5: What level of insurance is required for a motor carrier operating a tube trailer where the cylinders are manifolded together. Each separate cylinder has a capacity less than 3,500 water gallons, but the total capacity of all the cylinders on the vehicle is in excess of 3,500 water gallons.
- Red placards indicate the material is flammable;
- Green placards indicate the material is non-flammable;
- Yellow placards indicate the material is an oxidizer;
- Blue placards indicate the material is dangerous when wet;
- White placards indicate the material is an inhalation hazard and/or poison;
- Black and white placards indicate the material is corrosive;
- Red and white placards indicate the material is a flammable solid or spontaneously combustible (it depends on the color pattern);
- White and yellow placards indicate the material is radioactive;
- Orange placards indicate the material is explosive;
- White placards with black stripes indicate miscellaneous hazardous materials.
Primary Liability Insurance
- Your primary liability will be the major cost for your trucking insurance policy. Although the FMCAS can only require $750,000 in most cases shippers will require $1,000,000 in primary liability insurance coverage before they will allow you to pick up loads.
- Primary liability insurance covers damages to third parties for bodily injury and physical damage to others property in the event of an accident.
- In most cases this is a low cost add on to your primary liability insurance to cover medical expenses.
PIP – Personal Injury Protection
- Some states require this coverage and, in many cases, can reduce the need for Medical Pay.
- Personal injury protection (PIP), also known as no-fault insurance, covers medical expenses and lost wages of you and your passengers if you’re injured in an accident. PIP coverage protects you regardless of who is at fault.
- If you’re hit by a driver with no insurance…
- Uninsured motorist bodily injury (UMBI) may pay medical bills for both you and your passengers.
- Uninsured motorist property damage (UMPD) may pay for damage to your vehicle.
- If you’re hit by a driver with not enough insurance…
- Underinsured motorist bodily injury (UIMBI) may pay medical bills for both you and your passengers.
- Underinsured motorist property damage (UIMPD) may pay for damage to your vehicle.
Motor Truck Cargo
- MTC or Cargo insurance provides insurance on the freight or commodity hauled by a for-hire trucker. It covers your liability for cargo that is lost or damaged due to causes like fire, collision or striking of a load.
- If your load is accidentally dumped on a roadway or waterway, some cargo forms offer Removal Expenses coverage pays for removing debris or extracting pollutants caused by the debris. And can also pay for costs related to preventing further loss to damaged cargo through Sue and Labor Coverage and legal expenses in the defense or settlement of claims. Another option is Earned Freight Coverage to cover freight charges the customer loses because of an undelivered load.
- Cargo insurance deductibles can be set at $1,000, $2,500, $5,00 or even higher if you are self-insured.
- Cargo coverage limits are normally set at $100,00 but some shippers may have higher requirements depending on the cargo you are hauling.
- Cargo policies can have exclusions stating what cargo it will or will not cover.
Non-Owned Trailer Insurance vs Trailer Interchange (TI)
- Both are insurance coverages designed to cover damage to others trailers.
- Deductibles for either can range from $1,000 to $5,000.
- Coverage limits for either can range from $25,000 and up depending on the requirements of the company and/or shipper freight you are hauling for.
The difference between Non-Owned Trailer coverage and Trail Interchange coverage
- Non-owned trailer insurance covers physical damage to the trailer only when attached to a truck. And no written agreement is place.
- Trailer Interchange requires a written trailer interchange agreement to be in place. It can provide protection when you have care, custody and control of one, or many, trailers. Whether the trailer is attached to your truck or not.
General Liability Insurance
- General liability insurance for truckers should not be confused with primary liability for truckers.
- Similar to primary liability. General liability offers coverages to pay for physical damage to other and/or bodily injury to others. BUT there is a difference between the two.
- For example, if you are loading or unloading and you cause injury to someone or their property this is when the general liability policy would respond.
- The actions of a driver while representing the insured and on the premises of others, such as loading docks and truck stops
- General Liability is normally offered $1,000,00 per occurrence and $2,000,00 aggregate. What does this mean?
- It the insurance company will pay up to $1,000,000 for any one claim and no more than $2,000,000 per year for the total of all claims.
- General liability can be required by shippers and other companies such as the UIIA and flatbed operations.
- If there is any chance you might be involved in loading or unloading. General Liability is relatively inexpensive and is an advised coverage.