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FORM MCS-90 Revised 01/05/2017
<br />OMB No.: 2126-0008 Expiration: 01/31/2020
<br />DEFINITIONS AS USED IN THIS ENDORSEMENT
<br />Accident includes continuous or repeated exposure to
<br />conditions or which results in bodily injury, property damage, or
<br />environmental damage which the insured neither expected nor
<br />intended.
<br />Motor Vehicle means a land vehicle, machine, truck, tractor,
<br />trailer, or semitrailer propelled or drawn by mechanical power
<br />and used on a highway for transporting property, or any
<br />combination thereof.
<br />Bodily Injury means injury to the body, sickness, or disease to
<br />any person, including death resulting from any of these.
<br />Property Damage means damage to or loss of use of tangible
<br />property.
<br />The insurance policy to which this endorsement is attached
<br />provides automobile liability insurance and is amended to assure
<br />compliance by the insured, within the limits stated herein, as a
<br />motor carrier of property, with Sections 29 and 30 of the Motor
<br />Carrier Act of 1980 and the rules and regulations of the Federal
<br />Motor Carrier Safety Administration (FMCSA).
<br />In consideration of the premium stated in the policy to which this
<br />endorsement is attached, the insurer (the company) agrees to
<br />pay, within the limits of liability described herein, any final
<br />judgment recovered against the insured for public liability
<br />resulting from negligence in the operation, maintenance or use of
<br />motor vehicles subject to financial responsibility requirements of
<br />Sections 29 and 30 of the Motor Carrier Act of 1980 regardless
<br />of whether or not each motor vehicle is specifically described in
<br />the policy and whether or not such negligence occurs on any
<br />route or in any territory authorized to be served by the insured or
<br />elsewhere. Such insurance as is afforded, for public liability,
<br />does not apply to injury to or death of the insured's employees
<br />while engaged in the course of their employment, or property
<br />transported by the insured, designated as cargo. It is understood
<br />and agreed that no condition, provision, stipulation, or limitation
<br />contained in the policy, this endorsement, or any other
<br />endorsement thereon, or violation thereof, shall relieve the
<br />Environmental Restoration means restitution for the loss,
<br />damage, or destruction of natural resources arising out of the
<br />accidental discharge, dispersal, release or escape into or upon
<br />the land, atmosphere, watercourse, or body of water, of any
<br />commodity transported by a motor carrier. This shall include
<br />the cost of removal and the cost of necessary measures taken
<br />to minimize or mitigate damage to human health, the natural
<br />environment, fish, shellfish, and wildlife.
<br />Public Liability means liability for bodily injury, property
<br />damage, and environmental restoration.
<br />company from liability or from the payment of any final judgment,
<br />within the limits of liability herein described, irrespective of the
<br />financial condition, insolvency or bankruptcy of the insured.
<br />However, all terms, conditions and limitations in the policy to
<br />which the endorsement is attached shall remain in full force and
<br />effect as binding between the insured and the company. The
<br />insured agrees to reimburse the company for any payment made
<br />by the company on account of any accident, claim, or suit
<br />involving a breach of the terms of the policy, and for any
<br />payment that the company would not have been obligated to
<br />make under the provisions of the policy except for the agreement
<br />contained in this endorsement.
<br />It is further understood and agreed that, upon failure of the
<br />company to pay any final judgment recovered against the
<br />insured as provided herein, the judgment creditor may maintain
<br />an action in any court of competent jurisdiction against the
<br />company to compel such payment.
<br />The limits of the company's liability for the amounts prescribed in
<br />this endorsement apply separately to each accident and any
<br />payment under the policy because of any one accident shall not
<br />operate to reduce the liability of the company for the payment of
<br />final judgments resulting from any other accident.
<br />(continued on next page)
<br />FORM MCS-90 Page 2 of 3
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