What it does
CAR's Rule 46 explains that the business auto and auto dealers forms exclude pollution from pollutants being transported, towed, loaded or unloaded, and that the forms "shall be endorsed at the option of the insured to delete that part of the pollution exclusion relating to the discharge of pollutants which are being transported" or otherwise in transit by or for the insured. This extension does not apply to liability assumed under a contract or agreement. CAR directs: "Attach endorsement MM 99 55 for Business Auto Form, and MM 25 96 for Auto Dealers Coverage Form."
Who needs it
Massachusetts fuel and heating oil dealers, tankers, waste haulers and anyone transporting hazardous materials.
Key points
- CAR notes that if the MCS-90 endorsement is required, pollution liability coverage is required for the vehicles subject to the higher federal limits.
- The Massachusetts Mandatory Endorsement MM 99 11 already applies the pollution exclusion only to damages above specified amounts; MM 99 55 goes further by deleting the transit part of the exclusion at the insured's option.
- The multistate equivalent is CA 99 48.
Quoting notes
Ask for commodities hauled, tank capacities and spill history.
