Fleet Owners Insurance Hazmat Insurance Gases

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

Fleet Owners Insurance Hazmat Insurance Gases

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

Hazmat Insurance Quotes

JDW Truck Insurance – We Know Commercial Truck Insurance

Transportation Operations Covered:

Small and Large Fleets of any Size
Owner Operator of any size
Rapid Growth Programs
For Hire Truckers
100 Mile Radius Truckers
300 Mile Radius Truckers
500 Mile Radius Truckers
Unlimited Mile Radius Truckers
Long Haul Trucking Operations
Intermediate Trucking Operations
Grain Haulers
Agricultural Products (Grains, Produce, General Farm Freight)
Fertilizer (Bagged, Bulk, Liquid)
Horse Haulers
Livestock Haulers
Milk Haulers
Lumber Haulers
Logging Trucks
LPG Haulers
Wood Chip Delivery
Produce Haulers
Pulp Wood
Dirt, Rock, Sand, Or Gravel
General Aggregate Products
Hay Haulers
Asphalt And Paving
Cement Or Ready Mix
Contaminated Dirt Or Dirty Dirt
Contractors’ Equipment
Construction Equipment
Heavy Equipment
Machinery
Heavy Haul
Building Supplies
Pre-Fabricated Buildings
Pre-Fabricated Concrete
Ready Mix Operations
Pallet Haulers
Pipe Haulers
Wholesale Food Distribution
Dry Food Products
Refrigerated Products
Dry Freight
Milk Haulers
Liquid Food Products
Seafood Delivery
Crude Oil Haulers
Water Haulers (Including Fracking)
Contaminated Dirt Or Dirty Dirt
Diesel Fuel Hauler
Gasoline Hauler
Chemical Haulers
Jet Fuel Haulers
Coal Haulers
Butane Hauler
Propane Hauler
Fertilizer (Bagged, Bulk, Liquid)
Fracking Liquids
Hazardous Waste Haulers
Home Heating Oil
Fuel Haulers
Garbage Haulers
Waste Oil
Waste Disposal
Tank Trucks
Recycled Grease Or Oil
Recyclables
Oil Filled Equipment Haulers
Scrap Metal
Lab Waste Haulers
Medical Waste Haulers
Bio Hazard Haulers
Medical Equipment Haulers
Pharmaceuticals
Auto Transport
Auto Parts Haulers
Boats
Car Carriers
Mobile Home Totter
Container Haulers
Containerized Freight
Dump Truck Operations
Explosive Hauler
Hazardous Goods
Bulk Liquid Haulers
Metal Dealers
Metal Transporters
Mining Equipment
Office Equipment Haulers
Paper Products
Retail Delivery
Steel Haulers
UIIA Hauler
Wholesale Delivery

Coverage Options:

Primary Liability High Limits
General Liability
Motor Truck Cargo
Physcial Damage
UIIA Intermodal
Trailer Exchange
Hazmat
High Risk
Cancelled or Non-Renewed
Excess Liability with High Limits
Rapid Growth Programs
Federal and State Filings
We offer coverages in any combination you require

Our Commercial Truck Insurance Companies:

We know trucking and the commercial trucking insurance companies. JDW can and will help you find the right commercial truck insurance company to cover your operation with premiums to fit your budget. We shop and compare for you.

Berkshire
Auto Owners
Falls Lake
Progressive
Travelers
Seneca
Great Lakes
Allied World
Allianz
Ace Hazmat
ACE Fleet
United Specialty
Hudson Fleet
Markel
Chubb
Arch
Acuity
A-One RRG
Tokio Marine
Sompo International
National General
Lexington
Lancer
Easter Atlantic Insurance Company
DB Insurance
AIG
Great American
ACE / Westchester
NICO
National Casualty / Nationwide
Scottsdale Brokerage
IAT
Crum Forster
Canal
Northland

If you do not see an insurance company on this list. It does not mean we do not do business with them.

Fleet Owners Insurance Hazmat Insurance Gases

Hazmat Financial Responsibility FMCSA Part 387 Minimum levels

Question 1: Is gasoline listed as a hazardous material, and, if so, what is the minimum level of financial responsibility currently required?

Guidance: Gasoline is a listed hazardous material in the table found at 49 CFR 172.101. §387.9 requires for-hire and private motor carriers transporting any quantity of oil in interstate or foreign commerce to have a minimum $1,000,000 of financial responsibility coverage. The Clean Water Act of 1973, as amended, declares that gasoline is an "oil," not a "hazardous substance." The $1,000,000 coverage also applies to for-hire and private mo tor carriers transporting gasoline "in-bulk" in intrastate commerce.

Question 2: Is a motor carrier transporting liquefied petroleum gas (LPG) in any quantity required to have $1,000,000 or $5,000,000 of financial responsibility coverage?

Accordion Sample DescriptionGuidance: Liquefied petroleum gas (LPG) is a flammable compressed gas. All transportation of LPG in containment systems with capacities in excess of 3,500 water gallons requires $5 million financial responsibility coverage. Interstate and foreign commerce movements of LPG in containment systems not in excess of 3,500 water gallons requires $1 million coverage. Intrastate movements of LPG in those smaller containment systems are subject only to state financial responsibility requirements.

Question 3: What is the definition of a "hopper type" vehicle as indicated in §387.9?

Guidance: A "hopper type" vehicle is one which is capable of discharging its load through a bottom opening without tilting. This vehicle type would also include belly dump trailers. Rear dump trailers and roll-off containers do not meet the definition of a bottom discharging vehicle

Question 4: What level of insurance is required for a carrier operating a multi-compartment cargo tank that is transporting a hazardous substance, where each compartment is less than 3,500 water gallon capacity, and the total capacity is greater than 3,500 water gallons capacity?

Guidance: $5,000,000 of insurance is required. The table in §387.9 requires that amount of coverage for hazardous substances transported in “cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons.” The transporting vehicle must have “a gross vehicle weight rating of 10,000 or more pounds.” Section 171.8 of title 49, C.F.R., defines a “cargo tank motor vehicle” as a motor vehicle with one or more cargo tanks permanently attached to or forming an integral part of the motor vehicle. Additionally, the use of the plural to describe the tanks and the singular to describe the truck implies that the standard is met if several tanks with a combined capacity of 3,500 water gallons are transported on the same vehicle. This is consistent with the purpose of the financial responsibility requirement — in this case, to protect the public from financial loss following an accidental release of hazardous material—because all of the compartments in a single tank trailer could be damaged in one crash. Here, the compartments on the vehicle have a total capacity of greater than 3,500 water gallons, therefore $5,000,000 of insurance is required.

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.

Guidance: $5,000,000 of insurance is required, for the reasons given above. The table in §387.9 refers to “in bulk Division 2.1 or 2.2 materials.” The definition of in bulk in §387.5 includes “the transportation, as cargo, of property … in containment systems with capacities in excess of 3,500 water gallons.” In this case, a group of cylinders manifolded together qualify as “containment systems.” As in Guidance A, the table describes the vehicle in the singular. As long as the containment systems transported on a single vehicle have a total capacity of at least 3,500 water gallons, $5,000,000 of insurance is required.

Place Card Colors

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.

View DOT CHAT 15 - Hazardous Marterials Markings, Labeling and Place Card Guide

Hazmat Insurance Quotes

Fleet Owners Insurance Hazmat Insurance Gases

Fleet Owners Insurance Hazmat Insurance Gases

Fleet Owners Insurance Hazmat Insurance Gases

JDW Truck Insurance – We Know Commercial Truck Insurance

Hazmat Financial Responsibility FMCSA Part 387 Minimum levels

Author: JDW

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