Transportation attorney Robert Moseley sees insurers neglecting to charge premium for an exposure they incur when they write policies for interstate motor carriers for hire.

"One of the things that insurance companies typically don't account for–and don't charge premium for–is the exposure under the MCS-90," said Mr. Moseley, who heads the transportation industry group of Smith Moore Leatherwood in Greenville, S.C. He explained that the MCS-90 is basically the surety bond that is filed with the Federal Motor Carrier Safety Administration, a division of the U.S. Department of Transportation.

That bond is not subject to policy conditions and terms, he said–explaining, for instance, that when the form is attached to a motor-carrier insurance policy, it would respond to pay an accident claim caused by an unscheduled vehicle.

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