"The Plaintiff's Perspective," Truck Accident LitigationAmerican Bar Association
Joel T. Faxon and Michael A. Stratton
January 01, 2006
Motor carrier policies of insurance consist of state law controlled and federal law mandated provisions. The basic business or commercial auto policy is governed by state insurance law but the policy also contains mandated federal law provisions when the carrier is shown to be an interstate motor carrier or is involved in the carriage of hazardous materials that have the appropriate nexus with interstate commerce. The federal provisions supplement the state law provisions of an insurance policy as a matter of law. This chapter will address the significance of the motor carrier’s insurance coverage, including the all important federal insurance considerations, regulations and endorsements that effect the scope of the coverage involved in bodily injury, property damage and environmental contamination claims. Download PDF to read more.