1. Forms
2. MM
3. MM-99-28

What the form is

The MM 99 28, Uninsured Motorists Coverage - Massachusetts, is an endorsement that modifies a commercial auto policy. Its primary purpose is to provide financial protection to an insured for bodily injury damages they are legally entitled to recover from the owner or operator of an uninsured motor vehicle. This coverage comes into play when the at-fault party in an accident either has no auto insurance or has insurance that does not meet the minimum liability requirements.

Classes of business it applies to

This endorsement is specifically for commercial automobile policies in Massachusetts. It is used for vehicles registered in Massachusetts, particularly those that are not subject to the Massachusetts Compulsory Law for Uninsured Motorist Coverage, or for insureds wishing to purchase limits different from or in addition to compulsory coverage. Examples include:

• Businesses with a fleet of vehicles operating in Massachusetts.
• Companies whose vehicles might be registered in Massachusetts but have specific operational contexts that necessitate this elective coverage.
• Organizations that want to ensure their employees are protected against uninsured motorists while operating company vehicles.

Special considerations

Key considerations for the MM 99 28 include:

• Massachusetts Specific: This is a state-specific endorsement for Massachusetts and its provisions are aligned with Massachusetts insurance regulations.
• Bodily Injury Only: Typically, this endorsement covers damages resulting from bodily injury sustained by an insured. Property damage is often covered under a different part of the auto policy or a separate endorsement.
• Limits of Liability: The endorsement will specify the limits of liability, which dictate the maximum amount the insurer will pay for any one accident or per person. Basic limits are often $20,000 per person and $40,000 per accident, though increased limits are available.
• Definition of "Uninsured Motor Vehicle": The endorsement will define what constitutes an "uninsured motor vehicle," which can include vehicles with no insurance, vehicles with insufficient insurance to meet financial responsibility laws, hit-and-run vehicles (under certain conditions), or vehicles insured by an insolvent insurer.

Key information for agents and underwriters

Agents and underwriters should be aware of the following:

• Compulsory vs. Optional: While Massachusetts has compulsory auto insurance laws, including certain uninsured motorist provisions, this endorsement is used to provide or modify this coverage, often where the compulsory law may not apply or where higher limits are desired.
• Pricing: The premium for this endorsement will depend on the limits selected, the number and types of vehicles insured, the garaging location within Massachusetts, and the insured's loss history.
• Risk Assessment: Underwriters will assess the risk based on the nature of the insured's business operations, vehicle usage, driver records, and desired coverage limits.
• Coordination with Other Coverages: It's important to understand how this coverage interacts with other coverages in the policy, such as Bodily Injury Liability, Medical Payments, and Underinsured Motorists Coverage (often a separate endorsement like MM 99 54).
• Policy Forms: This endorsement is designed to modify standard commercial auto coverage forms like the Business Auto Coverage Form (CA 00 01) or the Truckers Coverage Form.