August 31, 2015

Our insured was driving a gasoline truck on the highway when another car collided with our insured's truck, spilling more than 3,000 gallons of gasoline on the highway. Our investigation shows that our insured was not negligent in his operation, maintenance, or use of his truck.

Our insured has the endorsement MCS 90 to comply with the Motor Carrier Act of 1980. The MCS 90 endorsement states the following: “In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the company) agrees to pay, within the limits of liability describe herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the final responsibility requirement of Section 29 and 30 at the Motor Carrier Act of 1980.”