What it does
Form BMC-91X is the FMCSA certificate of insurance that "will be filed to represent full coverage or any level of aggregation for the security limits" required for public liability (49 CFR 387.313). When a carrier meets its required limit by layering policies from more than one insurer, a separate prescribed endorsement and Form BMC-91X certificate is required of each insurer. Insurers may also use the BMC-91X for a single full-limit filing.
Who needs it
- Carriers whose primary auto liability is below the federal minimum, with excess insurance completing it.
- Carriers whose insurer files on the X form as standard practice.
Key rules
- Cancellation requires 30 days' notice on Form BMC-35; a replacement filing terminates the prior insurer's liability as of its effective date.
- The MCS-90 endorsement is still attached to each policy that forms part of the required limit.
Selling notes
When building a layered program for a trucker, confirm both the primary and excess insurers will make BMC-91X filings; an excess insurer that will not file leaves the carrier out of compliance even if the limits exist.
