INSURANCE (LINES - INTERMODAL) | Marc Cunningham LLC

Insurance (Lines - Intermodal)

Procurement, management and claims resolution for the Uniform Intermodal Interchange & Facilities Access Agreement (UIIA) intermodal contract minimum insurance requirements for various members (such as: box truckers; bulk haulers; container haulers; couriers; dump operations; freight forwarders; hazmat carriers; hot shot trucking companies – those which specialize in carrying smaller, time-sensitive loads; less-than-a-load – LTL – trucking companies; tow-truck operations) in various situations, that must be specified on a UIIA ACORD 22 Certificate of Insurance (CoI) – pursuant to the instructions on UIIA Form 5A –which must also specify the President of the Intermodal Association of North America as the certificate holder, and may include: cargo insurance (CI) with limits specified on UIIA EP Rules Form 5B (generally at least $100,000); commercial auto liability (AL) with a combined single limit (CSL) of $1 million (all UIAA equipment providers – EPs – with which the insured may do any business must be specified as additional insureds pursuant to UIIA Form 5C; the auto policy must be clearly-delineated as either an “any auto”, “all owned and hired” or “scheduled or hired” policy, and not as merely an “all owned” or “scheduled only”; if the insured motor carrier is actually self-insured, then such motor carrier must obtain special UIIA-approved language that must be inserted in the self-insured document); commercial general liability (CGL) with a limit of $1 million per occurrence (of which no portion thereof can be self-insured); employer’s liability (EL) with limits specified on UIIA EP Rules Form 5B (generally at least $500,000); equipment provider checklist UIIA Form 5C (requiring that any EP with which the insured may do any business must be specified as additional insureds; on the UIIA ACORD 22 certificate, the insurance agent must check the box under the description of operations, thus confirming that the EPs checked on UIIA Form 5C are additional insureds on the appropriate policies; insurance agents that wish to provide blanket additional insured coverage may do so by checking the appropriate blanket additional insured boxes on the UIIA ACORD 22 certificate, and may use the wording specified on the UIIA ACORD 101 Form 5A); exclusionary policy endorsements (that purport to exclude, limit or modify any of the insurance policies specified on the UIIA ACORD 22 certificate must be attached to and referenced on the UIAA ACORD 101 form when the ACORD 22 certificate is submitted); National Association of Insurance Commissioners (NAIC) Numbers (for each policy specified on the UIAA ACORD 22 certificate, as well as the rating for each insurance provider, should be provided by the insurance agent, both of which may be obtained from the A. M. Best “Best Key Rating Guide”); notice of policy cancelation period must not be less than thirty (30) calendar days prior to the cancelation of any policy, unless such cancelation is due to non-payment of premiums by the insured, in which case the cancelation period cannot be less than ten (10) calendar days prior to the cancelation; trailer interchange insurance (TII – covering any non-owned equipment for collision, comprehensive, fire, physical damage and theft while in the motor carrier’s care, control or custody, with limits specified on UIIA EP Rules Form 5B – generally at least $30,000); truckers’ uniform intermodal interchange endorsement (UIIE-1, CA23-17 or TE23-17B – a hold-harmless endorsement that must be included in the AL; on the UIIA ACORD 22 certificate, the insurance agent must check the box adjacent to the language describing the applicable operations, thus confirming that this endorsement is part of the AL coverage); umbrella insurance (UI) as may be required (provided that the UIIA ACORD 22 certificate should specify to what policies the umbrella coverage applies, or it will be assumed that the UI is over all the policies specified on the UIIA ACORD certificate); and, workers’ compensation (WC) with limits specified on UIIA EP Rules Form 5B (generally at least $500,000).

Intermodal motor carriers may also wish to carry other types of specialized liability insurance coverages, such as: auto hauler; business owners; commercial property; courier; cyber; directors and officers (D&O); employment practices; errors and omissions (E&O); excess; fiduciary; flatbed truck; fleet truck; garage keepers; group health; hazmat truck; high-risk truck; human resources; liquor; moving and storage; new venture; owner-operator; reefer truck; technology.

Consultation regarding the MCS-90 endorsement for the auto liability policies of various regulated motor carriers, ensuring that certain Federally-mandated coverage (such as environmental restitution) and limits are included is such motor carriers’ auto liability coverage.

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