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FORMUCS40 Revised 01j05/2017
<br />DEFINITIONSAS r. ENDORSEMENT
<br />Accident includes continuous or repeated exposure to conditions or
<br />which results in bodily injury, property damage, or environmental
<br />damage which the insured neither expected nor intended.
<br />Motor Vei lctemeans a land vehicle, machine, truck, tractor, trailer,
<br />or semitrailer propelled or drawn by mechanical power and used on
<br />a highway for transporting property, or any combination thereof.
<br />Bodily Injury means injury to the body, sickness, or disease to any
<br />person, reducing death resulting from any of these_
<br />Property LYamage 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 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
<br />29 and 30 of the Motor Carrier Act of 1980 regardless of whether
<br />or not each motor vehlcie is specifically described In the policy
<br />and whether or not such negligence occurs on any route or in
<br />any territory authorized to be served by the insured or elsewhere.
<br />Such Insurance as is afforded, for public liability, does not apply
<br />to injury to or death of the insured's employees while engaged in
<br />the course of their employment or property transported by the
<br />insured, designated as cargo, It is understood and agreed that
<br />no condition, provision; stipulation, or limitation contained in
<br />the policy, this endorsement, or any other endorsement thereon,
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<br />Environmental Restoration means restitution for the loss, damage,
<br />or destruction of natural resources arising out of the accidental
<br />discharge, dispersal, release or escape into or upon the land,
<br />atmosphere, watercourse, or body of water, of any commodity
<br />transported by a motor carrier, This shall include the cost of removal
<br />and the cost of necessary measures taken to minimize or mitigate
<br />damage to human health, the natural environment, fi shellfi
<br />and wildlife.
<br />PublicLiabiifty means liability forbodily injury, propertydamage,
<br />and environmental restoration.
<br />or violation thereof, shall relieve the company from liability or
<br />from the payment of any final judgment, within the limits of
<br />liability herein described, irrespective of the financial condition,
<br />insolvency or bankruptcy of the insured. However, all terms,
<br />conditions, and limitations in the policy to which the endorsement
<br />is attached shall remain in full force and e€fact as binding between
<br />the insured and the company. The insured agrees to reimburse
<br />the company for any payment made by the company on account
<br />of any accident, claim, or suit involving a breach of the terms of
<br />the policy, and for any payment that the company would not have
<br />been obligated to make under the provisions of the policy except
<br />for the agreement contained in this endorsement.
<br />It is further understoodi and agreed that, upon failure of the
<br />company to pay any final judgment recovered against the insured
<br />as provided herein, the judgment creditor may maintain an action
<br />in any court of competent jurisdiction against the company to
<br />compel such payment.
<br />The limits of the company's liability for the amounts prescribed
<br />In this endorsement apply separately to each accident and any
<br />payment under the policy because of anyone accident shall not
<br />operate to reduce the (lability of the company for the payment of
<br />final judgments resulting from any other accident.
<br />(continuation nextpage)
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