49 C.F.R. § 387.5

Definitions

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As used in this subpart—

Accident includes continuous or repeated exposure to the same conditions resulting in public liability which the insured neither expected nor intended.

Bodily injury means injury to the body, sickness, or disease including death resulting from any of these.

Cancellation of insurance means the withdrawal of insurance coverage by either the insurer or the insured.

Endorsement means an amendment to an insurance policy.

Environmental restoration means restitution for the loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water of any commodity transported by a motor carrier. This shall include the cost of removal and the cost of necessary measure taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife.

Evidence of security means a surety bond or a policy of insurance with the appropriate endorsement attached.

Financial responsibility means the financial reserves (e.g., insurance policies or surety bonds) sufficient to satisfy liability amounts set forth in this subpart covering public liability.

For-hire carriage means the business of transporting, for compensation, the goods or property of another.

In bulk means the transportation, as cargo, of property, except Division 1.1, 1.2, or 1.3 materials, and Division 2.3, Hazard Zone A gases, in containment systems with capacities in excess of 3500 water gallons.

In bulk (Division 1.1, 1.2, and 1.3 explosives) means the transportation, as cargo, of any Division 1.1, 1.2, or 1.3 materials in any quantity.

In bulk (Division 2.3, Hazard Zone A or Division 6.1, Packing Group I, Hazard Zone A materials) means the transportation, as cargo, of any Division 2.3, Hazard Zone A, or Division 6.1, packing Group I, Hazard Zone A material, in any quantity.

Insured and principal means the motor carrier named in the policy of insurance, surety bond, endorsement, or notice of cancellation, and also the fiduciary of such motor carrier.

Insurance premium means the monetary sum an insured pays an insurer for acceptance of liability for public liability claims made against the insured.

Motor carrier means a for-hire motor carrier or a private motor carrier. The term includes, but is not limited to, a motor carrier's agent, officer, or representative; an employee responsible for hiring, supervising, training, assigning, or dispatching a driver; or an employee concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories.

Property damage means damage to or loss of use of tangible property.

Public liability means liability for bodily injury or property damage and includes liability for environmental restoration.

State means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

[46 FR 30982, June 11, 1981; 46 FR 45612, Sept. 14, 1981; 47 FR 12801, Mar. 25, 1982, as amended at 48 FR 52683, Nov. 21, 1983; 51 FR 33856, Sept. 23, 1986; 53 FR 12160, Apr. 13, 1988; 59 FR 63923, Dec. 12, 1994; 62 FR 16709, Apr. 8, 1997; 63 FR 33275, June 18, 1998; 78 FR 58482, Sept. 24, 2013]

Notes of Decisions

Cited in 39 cases (5 in the last 5 years), 1985–2023 · leading case: Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019).

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Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019). · cites it 4× “" 49 C.F.R. § 387.5 . They define "public liability" as "liability for bodily injury or property damage.”

Martinez v. Empire Fire & Marine Ins. Co., 139 A.3d 611 (Conn. 2016). · cites it 8× “As previously explained, 49 C.F.R. § 387.5 defines the term ‘‘[f]or-hire carriage’’ as ‘‘the business of transporting, for compensation, the goods or property of another.”

Pierre v. Providence Washington Ins., 784 N.E.2d 52 (NY 2002). · cites it 6× “Elsewhere in the financial security regulations the terms "insured and principal" are defined as "the motor carrier named in the policy of insurance, surety bond, endorsement, or notice of cancellation, and also the fiduciary of such motor carrier" (49 CFR 387.5). Using this…”

Armstrong v. United States Fire Ins., 606 F. Supp. 2d 794 (E.D. Tenn. 2009). · cites it 3× “Those same definitions appear in 49 C.F.R. § 387.5 , which also includes various other definitions including that of “insured and principal,” which is defined to mean “the motor carrier named in the policy of insurance, surety bond, endorsement, or notice of cancellation, and…”

Forkwar v. Progressive N. Ins., 910 F. Supp. 2d 815 (D. Maryland 2012). · cites it 4× “49 C.F.R. § 387.5 . “Insured and principal” is defined in the same regulation as “the motor carrier named in the policy of insurance, surety bond, endorsement, or notice of cancellation, and also the fiduciary of such motor carrier.”

Herrod v. Wilshire Ins. Co., 499 F. App'x 753 (10th Cir. 2012). · cites it 3× “” 6 49 C.F.R. § 387.5 . In turn, “for-hire carriage” is defined as “the business of transporting, for compensation, the goods or property of another.”

R.T. Vanderbilt Co. v. Hartford Accident & Indem. Co., 156 A.3d 539 (Conn. App. Ct. 2017). “) 49 C.F.R. § 387.5 . These authorities lend strong support to Vanderbilt's argument that the policy language, when read as a whole, is intended to exclude coverage only for traditional environmental pollution, such as the intentional disposal or negligent release of industrial…”

Nat'l Specialty Ins. v. Martin-Vegue, 644 F. App'x 900 (11th Cir. 2016). · cites it 2× “” 49 C.F.R. § 387.5 . So, to decide if Freight’s MCS-90 endorsement could possibly apply here, the relevant question is whether Freight was the for-hire motor carrier for the pebbles at the time of the accident.”

Ooida Risk Retention Grp., Inc. v. Williams, 579 F.3d 469 (5th Cir. 2009). “] 49 C.F.R. § 387.5 . The Federal Motor Carrier Safety Administration has issued regulatory guidance emphasizing that “Form MCS-90 .”

Sentry Select Ins. v. Thompson, 665 F. Supp. 2d 561 (E.D. Va. 2009). · cites it 3× “” 49 C.F.R. § 387.5 . Sentry also cites cases finding that the predecessor to the MCS-90, the BMC-90 endorsement, was consistently interpreted as limiting coverage to judgments against the name insureds, regardless of the terms of the insurance policy.”

Carolina Cas. Ins. v. Yeates, 584 F.3d 868 (10th Cir. 2009). “” 49 C.F.R. § 387.5 . 7 . Only the Second Circuit has appeared to follow the first approach, holding that an MCS-90 endorsement, irrespective of the terms of the underlying insurance policy, makes that policy primary as a matter of law with respect to coverage for a motor…”

Canal Ins. v. YMV Transp., Inc., 867 F. Supp. 2d 1099 (W.D. Wash. 2011). · cites it 2× “” 49 C.F.R. 387.5. Thus, the Court must determine whether the Bering truck was being operated by YMV to transport the goods or property of another for compensation.”

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