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FORM MCS-90
<br />OMB No.: 2126.0008 Expiration: 5/31/2024
<br />DEFINITIONS AS USED IN THIS ENDORSEMENT
<br />Accident includes continuous or repeated exposure to conditions
<br />or which results in bodily Injury, property damage, or environmental
<br />damage which the insured neither expected nor intended.
<br />Motor Vehicle means a land vehicle, machine, truck, tractor,
<br />trailer, or semitrailer propelled or drawn by mechanical power and
<br />used on a highway for transporting property, or any combination
<br />thereof.
<br />Bodily Injury means injury to the body, sickness, or disease
<br />to any person, including death resulting from any of these.
<br />Property Damage means damage to or loss of use of
<br />tangible 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 />Carder Act of 1980 and the rules and regulations of the Federal
<br />Motor Carder 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 pay,
<br />within the limits of liability described herein, any final judgment
<br />recovered against the insured for public liability resulting from
<br />negligence in the operation, maintenance or use of motor vehicles
<br />subject to the Financial responsibility requirements of Sections 29 and
<br />30 of the Motor Carrier Ad of 1980 regardless of whether or not each
<br />motor vehicle is specifically described in the policy and whether or
<br />not such negligence occurs on any route or in any territory authorized
<br />to be served by the insured or elsewhere. Such insurance as is
<br />afforded, for public liability, does not apply to injury to or death of the
<br />insured's employees while engaged in the course of their
<br />employment, or property transported by the insured, designated as
<br />cargo. It is understood and agreed that no condition, provision,
<br />stipulation, or limitation contained in the policy, this endorsement, or
<br />any other endorsement thereon,
<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 the
<br />land, atmosphere, watercourse, or body of water, of any
<br />commodity transported by a motor carrier. This shall include the
<br />cost of removal and the cost of necessary measures taken to
<br />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 />or violation thereof, shall relieve the company from liability or from the
<br />payment of any final judgment, within the limits of liability herein
<br />described, irrespective of the financial condition, insolvency or
<br />bankruptcy of the insured. However, all terms, conditions, and
<br />limitations in the policy to which the endorsement is attached shall
<br />remain in full force and effect as binding between the insured and the
<br />company. The insured agrees to reimburse the company for any
<br />payment made by the company on account of any accident, claim, or
<br />suit involving a breach of the terms of the policy, and for any
<br />payment that the company would not have been obligated to make
<br />under the provisions of the policy except for the agreement contained
<br />in this endorsement.
<br />It is further understood and agreed that, upon failure of the company
<br />to pay any final judgment recovered against the insured as provided
<br />herein, the judgment creditor may maintain an action in any court of
<br />competent jurisdiction against the company to compel such
<br />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 />Risk MmagemodDvisiun
<br />o+43x only REVIEwso&APPROV®BY.'
<br />A4v? Auvale
<br />Risk Management Speaalist
<br />FORM MCS-90 Page 2 of 3
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