There are pros and cons for both purchasing and leasing trucks as I wrote about several years ago in my Buying vs Leasing article. However, for those who wish to utilize the leasing option, there is a commonly used condition within lease agreements that can be a serious obstacle to overcome.
A significant number of my customers intend to lease their first truck as a way to reduce the initial start up costs for their new trucking businesses. Most of them are aware that the lease agreement they will sign has certain detailed terms and conditions which includes insurance requirements. However, few are aware of what the exact insurance requirements are and simply assume it’s just a “typical” commercial auto insurance policy. Often, that is not the case.
My own commercial auto policies (trucking policies) have always included coverage for “scheduled autos” as well as other coverages such as “cargo,” “medical payments,” “physical damage,” etc. which is typical for most all independent owner operators. For a significant number of truck leasing companies these coverages, while necessary, frequently will not meet all the insurance requirements of the lease agreement. Many lease agreements include a requirement to have “any auto” coverage and possibly “hired auto” coverage included on the insurance policy. The majority of insurance companies I am aware of or work with will typically not be able to provide “any auto” coverage for an independent owner operator or even small to mid-size fleets.
Because of what “any auto” coverage is, providing that coverage comes with an enormous risk for the insurance company. “Any auto” coverage means exactly what it says. It’s easiest for me to explain by using an example…
Hypothetically, I, W Joel Baker trucking, has an insurance policy that includes “scheduled auto” coverage. When I applied for my insurance I included on my application that I own 1 truck. That truck is “scheduled” on the policy. I also requested and was provided “any auto” coverage. 6 months later my customer informs me they will need 4 more trucks to support the increase in loads and they would like me to provide those 4 additional trucks. Great, my business is growing! So I get 4 more trucks. Without me notifying the insurance company, those trucks automatically have applicable coverage without any premium increase because of the “any auto” coverage I have on my hypothetical insurance policy. So what would stop me from adding 10, 20, 50 trucks or more without paying a single penny more for my insurance premium? That’s right, absolutely nothing! Hence, that is why it’s very difficult to find an insurance company who is willing to provide “any auto” coverage.
I know what everyone is asking. Why would a leasing company require “any auto” coverage then? I sincerely believe their motivations are mostly well intended. For example, if the truck you have breaks down they can quickly and easily give you a different truck. Sometimes the lease will be for different trucks for different days, weeks, months, etc. depending on truck availability. I have seen other cases where I believe the intent is less than ethical. I have seen those same leasing companies offer their own insurance policy that meets the terms of the lease agreement. Of course those premiums are typically much higher which completely negates any start up cost savings.
The best way to avoid this challenge is to fully read the lease agreement before you sign it. Do not take the sales person’s “word for it.” If you’re still not sure, share the lease agreement with your attorney or your insurance agent. Finally, if the leasing company has trucks available for lease (especially in the box truck industry) there is a strong probability their lease agreement includes “any auto” coverage.
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All to often application errors lead to extra start up costs, delays and lost income.
Many who contact me through my website LearnToTruck.com or call for an insurance quote have never applied for or had a USDOT (United States Department of Transportation) or MC (Motor Carrier) number before. It is imperative for anyone who wishes to have a USDOT and/or a MC number to be fluent and understand all the different entities and compliance with those entities they will now be required to meet. To help with that, if they have not already hired an “agent” to apply for their USDOT & MC numbers, I always encourage everyone to complete the application themselves. Avoiding fines and penalties from entities such as the FMCSA, IRP, IFTA, UCR, etc. by using the excuse that you didn’t know or the “agent” made a mistake is the same as trying to use the excuse “I didn’t see a speed limit sign” to avoid getting a speeding ticket. Speaking from experience, it’s typically not going to work in your favor. Not to mention the huge amount of money saved by avoiding these “agents.” I have seen these “agents” charge anywhere from $500.00 to $1,500.00 or more in addition to the fees required by each entity just to get started. Then they will point out a supposed need to continue to use their services throughout the year. What they don’t tell you is that it is just as easy for you to complete all the required tasks by giving the exact same information to those entities directly.
Before applying, it’s important to understand that some of the most insignificant or minor errors and/or deceptions can cause some of the longest delays in getting your “Operating Status” to “Authorized for Property” (the most common authorized status for OTR operations). Until your status is updated by the FMCSA you are not compliant and as such can not begin operations. That is to say, you can’t haul loads and generate income. In the Army we had a saying, “fast is slow and slow is fast.” That saying is applicable here as well. When we do things in haste mistakes typically happen. Always review every entry for typos, accuracy and duplications.
Typos – These are most common errors I see. Some are as simple to see and identify, while others are far more difficult to spot.
Misspelling – Auto correct can be our worst enemy. Always verify the spelling of every entry before moving on to the next field.
Punctuation – Whether or not a comma, period, hyphen, etc. is or isn’t present can cause serious headaches.
Spaces – Even a missing or extra space between words or letters can cause some of the biggest headaches to correct. Mainly because they are very difficult to locate.
Accuracy – These are the second most common errors and can be the most time consuming and down right aggravating to correct. They can be an honest mistake or a misunderstanding of what is being asked on the application or they can be deceptions. NEVER be deceptive! It will cause increases in your insurance premium and can potentially be compliance violations. Since accuracy relates to every entry and selection you make, be sure to go slow and double check your work.
Entity Type – “Motor Carrier of Property (except Household Goods)” is the most common entity type. Occasionally an applicant who is hauling new furniture from a manufacture to a warehouse will incorrectly believe this means they are a “Motor Carrier of Household Goods (Moving Companies)” and select the wrong entity type. Be sure to know which entity type is correct for your operation before beginning the application.
DBA (Doing Business as) – This is the most frequent accuracy error and comes in many forms. The best way to avoid DBA errors is not to use a DBA. That said, here are the 3 most common DBA errors.
The DBA should NEVER be the exactly the same as the company name. If my company was “W. Joel Baker, Inc” I may want to use a DBA of “W. Joel Baker Trucking.” If they are the same name some insurance companies will not even provide a quote.
The DBA should NEVER be a second corporation. If my company was “W. Joel Baker Trucking, Inc” and I add a DBA of “Joel’s Express, Inc” that suggests there could be two separate corporations attempting to use this USDOT and/or MC number.
NEVER enter “same,” “same as company name,” “none,” “N/A,” or any other variation. If you are not using a DBA the field must be left blank. ANY entry you put in the DBA field becomes your “Doing Business as” name.
Company Address – This is the most common form of deception. NEVER use a virtual or alternate address as a company address. This is the legal address for the company where all required company records and FMCSA required verifying documents are to be stored, maintained and ready for inspection by any entity such as USDOT, FMCSA, IRP, IFTA, etc.
Mailing Address – Only use a different mailing address if you utilize a USPS PO Box, local UPS store Box, etc. Otherwise you appear to be hiding something or potentially operating as a chameleon carrier. Especially if you are using an out of state mailing address.
HAZMAT – Most generally, this error usually happens by auto transporters. By both those who only haul cars and by those who haul them occasionally. Autos are a class 9 HAZMAT. Class 9 HAZMAT does not require placards but does require more than the standard minimum $750,000.00 in BIPD auto liability insurance filings for those over 26,001 lbs. Auto transporters, even those who only haul cars 2 or 3 times a year, are required to declare class 9 HAZMAT and have $1,000,000.00 in BIPD auto liability insurance.
Duplications – Address duplications happen multiple times a day. Carefully read the address instructions and verify your entry(s).
Some find it helpful to have a few things written down or in a document on their computer before beginning the application. Such as:
Company name with correct spelling and punctuation
If one is desired, a company DBA
Company address (and mailing address if different)
Commodities (cargo) intended to haul
Identify any possible HAZMAT. Both those that require placards and those that do not (class 9).
Choose more than general freight from the list provided by the FMCSA.
If necessary, using the “other” option, specify any type of unique or special cargo that does not adequately fit into one of the choices provided.
Company address (and mailing address if different)
One way to avoid some of the most-common errors could be to be fall back on tried-and-true filing methods, setting aside the convenience and speed of the agency’s online forms in favor of the printed (or pdf version of the) authority application. Manually filling out the printed form, or the pdf version, means someone at FMCSA itself will be directly involved in entering that information into its system’s central registration system. If they introduce errors, the paper trail back to your original form might even save you money on a name change, for instance, if the error can be proven to be theirs and not your own. (Yes, it’s true that some errors you might have to actually pay to correct.)
Once the FMCSA application is complete, it’s highly advisable to request your new USDOT PIN immediately. With that PIN many of the simple errors such as duplications, typos, address, company name, etc. can all be corrected online quickly and fairly easily.
I have seen just as many application errors by “agents” as by those who complete the application themselves. As I mentioned earlier, I always recommend completing all regulatory and compliance responsibilities as possible. By doing so it significantly reduces operating costs while simultaneously educating the new company owner as to all that is involved to operate and be compliant. That education is vital because of the countless bad actors out there who charge for services under the guise of “compliance.” All to frequently it’s more about how to charge the new company for additional services because the new company is unaware of what is and is not required to be compliant.
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If we don’t have this coverage, or if we choose to purchase only the minimum of this coverage, we won’t realize the mistake until it’s way too late.
A recent customer claim has solidified my opinion to never overlook or trivialize any of our insurance coverages. My customer was driving their truck and their spouse was a passenger. (Passengers were and are permitted to be in the vehicle.) There was an incident involving another vehicle. That other vehicle is believed to be a personal car. The actions of that other vehicle are believed to have led to the very sad and unnecessary death of the passenger and spouse of my customer.
The other vehicle, the car, fled the scene and the police are searching for this vehicle.
When we complete an insurance application either physically, electronically or over the phone with an agent, eventually we must choose our Uninsured Motorist/Under-Insured Motorist (UM/UIM) coverage amounts. All too often, I have customers tell me one of several things. Typically they sound something like this: “I need to save money so only give me what I need” or “I only want what’s required” or “Just give me the minimum so I can get my business started.” While most of us – and yes, myself included — can well relate to keeping insurance premiums as low as possible, UM/UIM is the one coverage we should never decline or only purchase the minimum available.
UM/UIM is never fully appreciated until it’s needed. Frequently though, because the insured desires to save money, they either request and purchase the minimum amount of coverage or decline the coverage altogether. Tragically, this money-saving decision can prove to be financially devastating when the worst happens. Most everyone knows and understands what Uninsured Motorist coverage is — it pays our medical expenses, up to the limits of our coverage, when we are in an accident and the other driver is at fault (liable) but has no insurance. However, what’s typically not understood by most insureds is Under-Insured Motorist coverage — this coverage also pays medical expenses, up to the limits of our coverage, when the other party in the crash is liable but doesn’t have enough liability insurance to pay all of our bodily injury expenses for which they are liable.
If you, like me, have been in and around trucking for 40-plus years, no doubt you’ve witnessed firsthand and/or heard about some horrific accidents. Cars and trucks versus other cars and trucks in all kinds of scenarios: truck versus truck head-on at full speed; trucks avoiding other cars, accidents or road hazards; and of course all kinds of single-vehicle accidents. The vast majority of them required some type of emergency services, such as an ambulance ride and a visit to the hospital ER. Way too often those accidents will even require the services of an air ambulance in an effort to save someone’s life. As we are all aware, these accidents frequently lead to surgery (sometimes multiple surgeries), extended stays in the hospital, physical therapy and sometimes even more.
Point being, as I have personally experienced myself, the investigation oftentimes reveals that many of these accidents involving a truck is the fault of another driver in a personal vehicle.
When that other driver is 100% at fault for an accident with us, they are liable for all damages (bodily injury and property) they have caused us. According to the news release dated March 22, 2021 from the Insurance Research Council, one in eight drivers are uninsured. In that same news release, the national average of uninsured motorists in 2019 countrywide was 12.6%. Even worse, the news release points out that 6 states have 20% to 29.4% uninsured motorists among all drivers there, while 26 other states have from 10% to as high as 19.9%. For anyone to assume that they will never have to use UM coverage is both naive and very risky.
Now what if that other driver, who is at fault and liable, does have insurance? In many states minimum coverage for a personal car is $25,000 worth of bodily injury per person. That means the other driver’s insurance policy will only pay up to $25,000 for each person’s bodily injury he/she is liable for. In addition to the $25,000 per person coverage, personal auto policies typically come with a $50,000 limit of coverage per accident. Most of the personal auto insurance policies I see have these amounts of coverage. If there happened to be three people in an accident all with $20,000 worth in bodily injury expenses that such a driver is liable for, none of those three will have all of their bodily injury expenses paid, because the total of $60,000 worth of expenses exceeds the per-accident limit of coverage.
To bring it full circle, lets first look at just some of the cost ranges associated with bodily injury claims. All but one of these amounts were provided to me by my representative from one of the insurance companies I write policies for:
Surgery – varies depending on the procedure, anywhere from $50,000 to $250,000 for the same procedure in some cases
Follow up surgeries — Reasonable to expect the same as the initial surgery
Hospital admission — Once a patient gets admitted the bills can get really expensive, especially if there is time spent in an intensive care unit
It is painfully clear how bodily injury costs could rapidly soar to $250,000-$300,000, or even exceed $500,000 or more almost in an instant. It’s then also easy to understand that not having or only having the minimum of UM/UIM coverage could leave most anyone in an unthinkable financial situation at the absolute worst possible time, not to mention the agony of potentially having to make medical decisions based on the lack of insurance coverage, which could have been completely avoidable.
In Commercial Auto Insurance (trucking insurance) there is frequently (but not always, depending on the insurance company) the opportunity to purchase UM/UIM coverage that costs mere pennies for the amount of UM/UIM coverage provided. For example, let’s look at a quote I prepared this week, with $100,000 worth of UM/UIM coverage available at a quoted premium of $87 for the entire year.
Sounds great, right? Yet, given the potential cost ranges above, it’s obvious this could leave us hundreds of thousands of dollars short in coverage to pay for all our bodily injury expenses. For that same quote, $1,000,000 of UM/UIM coverage has a quoted premium of $210 for the entire year! That is ten times the coverage for about two and a half times the premium. Why would anyone pass on such a great value and peace of mind!?
For those who operate a small fleet and hire drivers it’s not only a wise decision to maximize your UM/UIM coverage for the above mentioned, but it can be a great business decision, too. The UM/UIM coverage can help to mitigate claims against your workers’ compensation policy. Considering the significant costs associated with workers’ comp premiums, the more proactive we are to control those costs the better. Utilizing the comparatively speaking premium-friendly UM/UIM coverage to provide appropriate levels of bodily injury coverage in the event of an accident where UM/UIM coverage is utilized could thus be one of the best business and insurance coverage decisions that you make.
Finally, back to my customer. When an accident is determined to be the other driver’s fault/liability and that other driver fled the scene, the insured’s UM coverage pays the insured’s bodily injury claims up to the amount of coverage. My insured’s very tragic and sad incident is a reminder to us all to consider carefully if saving a couple of bucks is really worth it when it comes to insurance.
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Be on the look out for any requirement to provide Additional Insured and/or a Waiver of Subrogation by any broker or customer.
As Todd Dills and I discussed in his Just say no: One owner-operator’s approach to broker/customer demands to be ‘additional insured’, brokers and customers frequently require to be added to our policy as an additional insured. This is a covert means to gain free insurance from us as well as avoiding financial responsibility when or if they cause us bodily injury or property damage. Personally, as an Independent Owner Operator myself, I choose to never do business with any broker or customer who, as a condition in the agreement or contract, requires to be added to my policy as an additional insured.
A lesser known, but even worse, condition often included in a broker’s or customer’s agreement or contract is something called a waiver of subrogation. Many are completely unaware of the potential adverse consequences of providing a waiver of subrogation to a broker or customer. Subrogation is a legal tool used by an insurance company to recover losses it paid out to an insured (a claim) from a liable third party who is responsible for those losses. I know that is a bit wordy and complicated. So lets first start with the definition of Subrogation.
merriam-webster.com’s definition of Subrogation;the assumption by a third party (such as a second creditor or an insurance company) of another’s legal right to collect a debt or damages.
When discussing insurance, and specifically an insurance policy, a waiver of subrogation is an endorsement. Similar to a COI (certificate of insurance), the insurance carrier will provide a copy of the waiver of subrogation to the broker or customer who has requested and been granted the waiver.
The best way to show the dangers of granting a waiver of subrogation to a customer or broker is by example. So lets use the same example I used in Todd’s Just say no story.
An owner-op checks in at his direct customer’s facility. “They say back into door 37,” Baker said, and “door 37 has an overhang outside of it.” While the owner-op’s backed in, “the overhang collapses and lands on his trailer.”
The customer then claims “hey, we didn’t give you that door,” saying the owner-op misheard 37 instead of 57. “It’s not our fault. You need to contact your insurance company.”
The owner-op submits a physical damage claim to his own insurance, yet manages to provide sufficient proof to the insurance company that the failed dock overhang was in fact the one that the shipper sent him to. The insurance company says, “Hey, ACME Widgets Inc., you’re responsible. Pay up or we’ll sue” for the cost of the loss.
In the case of a broker asking to be added as an additional insured, keep in mind, too, that given possible affiliations that broker has with bigger businesses, you may be giving away more than you think.
For the sake of this article the broker or customer was not added to the policy as an additional insured. However, they did require and were provided a waiver of subrogation. Notice the bold sentences? That is precisely what subrogation is. Now if we give the broker or customer a waiver of subrogation then our insurance company can not force Acme Widgets, Inc. to reimburse them (our insurance company) for the settlement of the claim.
Why does that matter? Because that claim and settlement will now be a permanent black mark on our insurance history by appearing on both our loss runs and CLUE (Comprehensive Loss Underwriting Exchange) reports. Loss runs are a report of claims history on a given policy. A CLUE report is generally a report containing up to seven years of personal-auto and personal-property claims history and up to five-year commercial loss run histories. Insurance companies rely heavily on both of these reports when they determine if they can provide a quote for coverage and if they do provide a quote, what the premium for that quote will be.
The consequence of that black mark will most likely be an increase, which is frequently quite significant, on our future insurance premiums for years to come.
The first thing every truck owner should ask when a broker or customer requires a waiver of subrogation is why? To me the answer is obvious. Either they have a fear that they could be financially responsible for bodily injury or property damage to any truck owner they do business with or they were held financially liable by the means of subrogation and forced to reimburse an insurance company. Both of which are huge, bright red flashing warning lights signaling “ENTER AT YOUR OWN RISK!”
So for me, if a customer asks for a waiver of subrogation, my answer is the same as when they ask to be added as Additional Insured. Always, NO!
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Understanding why some insurance companies will provide a quote while others will not.
Each insurance company has what is known as an Appetite. If we do not fit into that insurance company’s appetite they will not be able to provide us insurance. For example, Progressive is not able to provide insurance to any insured (trucking company) if the insured hauls loads which require placards. Other insurance companies are not able to provide insurance if the insured haul cars. Still other insurance companies can not provide insurance if the insured hauls local loads only and yet others can not provide insurance if the insured is an OTR trucking company. Many insurance companies are not able to provide insurance until the insured has been in business for a minimum number or years. That minimum can range from 1 to 3 years or more.
As an Independent Owner Operator, I have had policies with three different insurance companies. Each of them did exactly what I needed when I needed it. Each of them, when I had each policy, provided me the lowest premium available to me at that time.
As an insurance agent, I have access to 10+ insurance companies. Each of those companies has their own unique appetite and unique premium structure. To make it even more complicated each company’s appetite and premium structure are both constantly changing.
The very best way to know if you are receiving the lowest possible premium is to ask your insurance agent for the quoted premium from ALL the insurance companies from which they received a quote for you from. Then request a list of all the insurance companies they submitted your application to. Then, if you do not see a company on either list, you can contact another agent and request quotes from from the company or companies that your agent was not able to get a quote from. Additionally there are ways to lower your premium which I discussed in my Confronting a cost crisis article. I would recommend reading that article as well and taking advantage of any of those premium reducing options that may be available to you.
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When you file a claim with your insurance company, being patient to receive an expected settlement check can be difficult. Like most who have been in this industry for any length of time, I have had the misfortune of enduring my share of insurance claims. Seldom have I gone through an insurance claim when a settlement was reached and paid as quickly as I had wished for. That slow, agonizing claims process always left me frustrated.
However, since becoming an insurance agent and witnessing claims investigations, I have a new appreciation for that slow pace. Before you completely dismiss me, let me share with you what I have learned. It is quite possible, in fact probable, you will come to the same conclusion I have.
In 2001 I was involved in a terrible accident. A car hit me on the passenger side of my 1994 W900 Kenworth, then spun in front of me and I “T-boned” the car broadside. The car spun again, now facing me on my driver’s side and the car hit my driver’s side fuel tank, launching the car into the medium. It came to rest under a bridge at the I5, California 60 & I10 junction in Los Angeles. One witness stopped and immediately checked on the driver of the other car (thankfully his injuries were very minor), then came to check on me. He remained at the scene and insisted on providing a statement to the investigating police officer. The witness informed the officer that the car literally ran right into the side of my truck as if they hit my truck deliberately.
The damage to my truck was significant, but not to the point that I was unable to repair it myself. I took a week off work and I replaced the bumper and one wheel; repaired both fuel tanks, fenders, etc. and got back to work. The claim seemed to be taking forever, and I wanted to be reimbursed for my loss (repair expenses), especially when the witness indicated that this was a deliberate act by the driver of the car. After several months went by I finally received a notice from my insurance company that the investigation of the claim was complete and that my policy would not pay for any medical or property damage to the other driver or the car he was driving. The adjuster’s investigation discovered several things.
The owner of the car was not the driver.
The car was not insured.
Several payments to the lien holder of the car were passed due.
The adjuster concluded that this was a case of insurance fraud. I did not want a claim on my policy (even for uninsured motorist) so I did not accept a claim settlement check for reimbursement of my repair costs.
Had the insurance company not fully investigated the claim, with or without the eyewitness, and simply settled the claim quickly because that big, bad, ugly truck darn near ran over that poor innocent little car, both I and the insurance company would have been victims of insurance fraud. It could have cost the insurance company an untold amount, up to $1 Million (my policy’s limit of liability) and dramatically increased my premiums for years to come or put me out of business all together. In my case, it would have put me out of business because I was already a high risk Independent Owner-Operator paying near top dollar for my insurance.
Recently, one of my insurance customers was involved in an accident. They were hit from behind by another truck. The company who owned that other truck filed a claim against my customer’s policy. They believed that my customer was at fault. Again, after many months (6 or more I believe it was) the insurance company’s adjuster completed the investigation. The adjuster denied the claim of the owner of the other truck who our customer from behind.
In my customer’s case, had the insurance company paid and settled the claim to the owner of the other truck, the insurance company would have been accepting financial responsibility and paid out thousands of dollars for an accident the customer was not liable (at fault) for.
In both of these very real examples the insurance company is doing exactly what we need them to do. Making 100% certain that they and their insureds (us customers) are not being victimized by someone trying to either defraud the insurance company or having us accept financial liability for an accident we were not at fault for.
What is most surprising to truck owners is a slow claims process for a single vehicle accident. In these instances, we still want the insurance company to fully investigate the claim before settling. Why? For the exact same reasons as the previous 2 examples! If insurance companies don’t investigate each and every claim thoroughly before paying a settlement, could you just imagine how many cases would be fraud!? In turn, that would result in premiums so high that none of us could afford to buy insurance.
I have learned to think of our insurance system as something like our judicial system. It ain’t perfect, but it’s the best there is.
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Know your rights and above all, don’t let any unethical insurance company bully or intimidate you out of what is legally owed to you!
Most of us are aware that if we cancel our insurance policy we receive a refund. That refund in legal terms is known as “Unearned premium.” How much of a refund we receive and how we receive it depends on many factors. Some of those factors are:
Did we pay our premium in full?
Are our monthly premium payments current?
Do we have an MCS-90 endorsement (required for FMCSA filings) on our policy?
Did the insurance carrier file a BMC-91 or BMC-91X with the FMCSA?
Did we complete a request with the FMCSA to “Voluntarily Revoke” our authority?
If we did, what is the effect date of the “Voluntary Revocation?”
With the recent dramatic increase in fuel costs, fewer available loads and declining rates, some truck owners have chosen to either suspend their trucking operations, lease to large carriers or shut down permanently. That has resulted in an increase of FMCSA voluntary revocation applications by truck owners. For that reason I am focusing on factors 3, 4, 5 and 6.
With a long history as an Independent Owner Operator myself, I personally have voluntarily revoked my authority multiple times for military deployments (I’m a retired US Army National Guardsman) and other personal reasons. Each time, the three insurance carriers I had at those times, without any hesitation or delay, canceled my insurance policies and issued my refund with an effective date that matched the effective date of the voluntary revocation of my authority.
In contrast to my very good experience as an independent owner-operator, it has been my recent discovery as an insurance agent that not all insurance companies act ethically, timely or willingly when a truck owner requests to cancel their policy. Due to Department of Insurance licensing regulations, I’m unable to disclose the name of the insurance company that prompted this article. However, before the conclusion of this article, I will disclose the inexcusable bad behavior and the bullying tactics used by the insurance company. I will also provide information and guidance to anyone who believes they may have been inappropriately denied their full unearned premium refund by an insurance company.
Understanding when the MCS-90 endorsement can be removed from a policy and how that impacts BMC-91 or BMC-91X filings is fundamental to understanding when a policy can be canceled.
Disclaimer:I am not an attorney and this is not legal advice. Please consult an attorney to receive legal advice or guidance pertaining to any of the following.
The MCS-90 endorsement form states:
“Cancellation of this endorsement may be effected by the company or the insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the FMCSA’s registration requirements under 49 U.S.C. 13901, by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington, DC).”
Noticed the underlined section, because that phrase is relevant to the voluntary revocation.49 U.S.C 13901states:
(a) .—A person may provide transportation as a motor carrier subject to jurisdiction under subchapter I of chapter 135 or service as a freight forwarder subject to jurisdiction under subchapter III of such chapter, or service as a broker for transportation subject to jurisdiction under subchapter I of such chapter only if the person is registered under this chapter to provide such transportation or service.
Notice the last phrase, underlined above: Once an authority is voluntarily revoked it is no longer registered to provide transportation or service.
What does all this regulatory legalese/double-speak mean? Simple. A revoked authority is NOT registered to provide or conduct transportation (trucking operations). As such the revoked authority is also NOT subject to 49 U.S.C. 13901. If NOT subject to 49 U.S.C. 13901 there is NOT a requirement for the MCS-90 endorsement. No requirement for an MCS-90 endorsement means it can be removed at the insured’s (that is, the customer’s, that is, your) request without any delay. Removing the MCS-90 immediately and legally removes the BMC-91 or BMC-91X filing.
When the BMC-91 or BMC-91X filing is removed the policy can be canceled upon the insured’s request on the date the insured requests (as long as the requested date of cancelation is on or after the date the BMC-91 or BMC-91X filing was removed). Once a lawful policy cancelation request is submitted to the insurance company, the insurance company by each state’s Department of Insurance regulation is required to return (refund) ALL “Unearned” premium.
The short version – Once our authority is revoked by the FMCSA, we can request to cancel our policy with an effective cancelation date to match the date of the revocation. That request includes canceling the MCS-90 endorsement and the BMC-91 or BMC-91X filing. Our refund of unearned premium is then calculated from that date of cancelation.
What prompted me to write this article is the very disgraceful, unethical attempt by one insurance company to bully and intimidate one of my and its own, customers. First, the insurance company denied the customer the right to cancel the policy with the effective date to match the date of the customer’s voluntary revocation. I sternly objected, citing my own past voluntary revocation and unearned premium refunds (including twice by this same office from which I had previously purchased multiple insurance polices!) and the above short version of the FMCSA and DOI regulations. The underwriter said they would discuss it again with the insurance company and get back with me.
When the underwriter contacted me the second time, they made the claim that the unnamed insurance company was following guidance from the FMCSA. I immediately informed them of my and the customer’s objections. They again said they would discuss it with the insurance company.
The underwriter contacted me a third time two days later. They requested 3 things. A copy of the truck owner’s “lease agreement,” a copy of the endorsement adding the truck as an owner operator to the insurance policy of the trucking company the customer is now leased to, and a copy of the new “Non Trucking Liability” (bobtail) policy. They said if those could be provided the insurance company “may further consider.” I received and provided the underwriter with a copy of the lease agreement and a Certificate of Insurance (COI) listing all coverages (commercial general liability, auto liability, workers compensation and cargo) of the trucking company the customer is now leased to. The COI included listing the customer by name and the truck by the description and VIN.
The underwriter contacted me a fourth time another two days later. They stated that the COI showing coverage was not acceptable by the insurance company. They reiterated that the insurance company required a copy of the “endorsement” adding the insured (customer) to the trucking company’s insurance policy and a copy of the customer’s Non Trucking Liability policy declaration page.
In all the regulations I have read, Once an authority is revoked, there is no regulatory requirement for an insured (customer) to provide any of the above mentioned documents or any document to an insurance company before being allowed to cancel a policy or removing the MCS-90 and BMC-91 or BMC-91X filing.
In my opinion, this was and is an ongoing obvious attempt by the insurance company to avoid refunding the full amount of the unearned premium owed to the customer. This is absolutely shameful, unethical and completely unacceptable behavior that no insurance company should be allowed to engage in.
All insurance companies have legal counsel either on staff or retained outside the company with the services of a law firm. I am a simple-minded truck driver. Even I know and understand when a policy can legally be canceled and a refund issued. It is absolutely inconceivable that an insurance company who’s sole business is to provide insurance to trucking companies does not. I informed the underwriter that I will never again accept a quote from this insurance company to offer to my customers. Even if the quoted premium is less, I would never recommend this insurance company to anyone.
If this unnamed insurance company goes this far out of their way to bully and intimidate their customers in an attempt to avoid refunding all legally owed unearned premiums, I can only imagine how ugly they would be when a customer needed them the most… when the customer has experienced an unfortunate loss and filed a claim!
If you have been denied the right to cancel your policy with a requested effective date matching the date of voluntary revocation of your authority, and have not received your full unearned premium refund, there is a way to combat it. Contact your State’s Department of Insurance and file a complaint. Filing a complaint will enable the State DOI to begin an investigation. To properly complete their investigation the DOI may contact you for additional information. Once the DOI’s investigation is complete you can expect to be provided with the results of the findings and what to do or to anticipate next.
UPDATE:
26 days later
40 plus emails exchanged
Over 8 documents provided to the unnamed insurance company (important to note here that the insurance company was NEVER provided all the documents they had requested)
One, (understandably and rightly so) very upset customer who threatened to file a complaint with the state DOI
One stubborn insurance agent who would not allow the customer to be intimidated or bullied by the insurance company.
Success! The unnamed insurance company realized they would not be able to keep something that did not belong to them. The customer’s money (unearned premium)! Because of the relentless pressure applied by the insurance agent (me), the insurance company ISSUED A FULL REFUND of the unearned premium made effective the day after the request to cancel the insurance policy by the customer and the revocation of the customer’s authority by the FMCSA.
While this was a very painful experience for the customer and myself, it resulted in the customer being refunded what was legally owed to him. This is an excellent example of how not to be intimidated or bullied by an insurance company. It equally demonstrates the immeasurable value of having a moral, ethical and hard working insurance agent fighting for what is right.
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If you have trucks and/or trailers sitting in the parking lot and you’d like them to generate some revenue to help pay the bills by leasing them to a third party company or an independent owner-operator, you’d be wise to contact your insurance agent first. To clarify, I’m not talking here about truck/fleet owners utilizing lease-purchase agreements with drivers in this story, rather lease agreements with independent third-party companies or individuals who assume the responsibility for the safe operation of the equipment.
Take for example one of my customers. They have one truck, and when they started the business, they had one trailer. When that initial trailer suffered a mechanical issue, there was an unexpectedly long period of downtime waiting for necessary repair parts. To minimize the loss of revenue, the customer elected to purchase a second trailer and remove the initial trailer from the policy. Several months later, that trailer had finally received the repair it needed — the owner contacted me and wanted to place the repaired initial trailer back onto the policy.
They informed me they were leasing the trailer to a third party and they wanted the trailer to be insured while in the third party’s possession.
I had the unfortunate obligation to inform them that if they leased out any equipment to a third party, the leased equipment would not be covered while in the “care, custody and control” of that third party. Additionally, all the insurance companies I have access to (10-plus) would not offer the coverage they sought. Insurance that provides coverage for our equipment while it is leased out is hard to come by.
The best guidance I’ve ever received for insurance came from an underwriter. It is especially relevant if we want to insure equipment we lease to a third party. He said: “Usually, you can find insurance for anything if price is not an object. So I am not saying you can’t, just I wouldn’t know where it would be.”
Bottom line, if/when we locate an insurance company who will offer us a quote for equipment we want to lease out, it’s almost a given that the quote will be cost-prohibitive for most truck owners and especially for independent owner-operators or small fleets.
Why? Equipment leased to a third party has a much higher claims rate. Both trucks and trailers that are leased out have an increased potential to be damaged, stolen, abandoned or vandalized when compared to the equipment we operate ourselves or equipment we hire drivers to operate for us.
As a result of this reality, the insurance carriers I represent (accounting for the majority of insurance companies who insure owner operators and small trucking companies in the United States) do not provide any coverage for equipment leased out in this manner. Or, depending on the insurance company, they will only provide limited coverage. Specifically, coverage may be available only when the equipment we lease out is currently not under a lease and is in our “care, custody and control.”
What it all boils down to is if you don’t have the correct insurance coverage while leasing equipment to a third party and you file a claim for a loss, that claim can be denied. The best way to illustrate this is by using a couple of hypothetical yet realistic scenarios.
Lease agreement for both scenarios: John Doe of John Doe Trucking has signed a lease agreement for a term of 1 year with you for a 2022 dry van trailer. As per the lease agreement, John Doe provides you with a certificate of insurance which provides proof of physical damage coverage up to $50,000 for a “non-owned trailer” which is in his “care, custody and control.”
Scenario One: With three months to go on that one-year term, John Doe, without notifying you and without your knowledge, returns the trailer during non-business hours. When you return to work on the next business day you find the trailer. To your dismay you see the trailer has been topped. That is to say, the top of the trailer hit a bridge and has suffered extensive damage. You contact John Doe and he denies that he returned the trailer damaged. You then contact the insurance company on John Doe’s certificate of insurance and file a claim. The insurance adjuster for John Doe’s insurance policy notifies you that John Doe had removed the non-owned trailer coverage 8 months ago. Because there is no coverage for non-owned trailer, your claim is denied.
Scenario Two: Six months into the lease term, John Doe failed to make his lease payment. You attempt to contact John Doe but his number is not in service, the notices you sent him via registered mail are returned and his emails bounce back to you. You check the FMCSA and discover his company John Doe Trucking is “not authorized.” You then contact your local police department and report the trailer as stolen, and contact the insurance company on John Doe’s certificate of insurance to file a claim. The insurance adjuster for John Doe’s insurance policy notifies you that John Doe’s insurance was canceled two months ago. Since John Doe has no current insurance policy, your claim is denied.
After exhausting your attempts with John Doe’s insurance company to recover your losses in the scenarios above, you then file a claim with your own insurance company. During your insurance company’s adjuster’s information gathering and investigation of the claim, the adjuster discovers that the equipment the claim is for is/was leased to John Doe Trucking and was in that company’s “care, custody and control” at the time of the incident that led to the claim for the loss. Your commercial auto insurance policy (as most all do) excludes coverage for any of your equipment that is leased to a third party. Because the trailer is/was under a lease and in John Doe’s “care, custody and control,” the claim can be denied.
If you are already leasing out equipment and have not disclosed that to your insurance agent, I would encourage you to contact them today.
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What actions to take to reduce soaring insurance premiums and stay in business.
What do I do now to stay in business?
This is not a topic I enjoy or take any pleasure in writing about. However, by doing so I hope to help any aspiring or new truck owner to avoid making decisions that later result in financial hardship and loosing their business.
Recently I’ve received an increase in calls from truck owners who are struggling to keep their businesses afloat. All blame the increase in their insurance premiums as the cause of their situation. Most believe it’s a result of their greedy xxxxxx insurance carrier who doesn’t care if they go out of business or not. As an Independent Owner Operator myself, these calls have been especially difficult for me. While honesty is always the best policy and it’s the only way I know how to help, it’s not always well received.
All of those who have called and asked me for help share many things in common. Still in their first year of business, they have:
Grown their fleet of trucks and hired drivers (usually includes at least 1 family member).
Failed to vet drivers and only hire drivers with clean or at least good MVR’s.
Not limited their claims by dismissing drivers whose actions resulted in a claim(s).
Waited until there are few options available to be able to remain in business.
Unfortunately none of those I have spoken with are aware that the their business decisions has caused the consequences they find themselves in. Put another way, it’s not the fault of greedy insurance company. Rather, as difficult as it is to hear, it’s self inflicted consequences by the unaware business owner’s decisions.
After I have finished that very difficult part of these conversations, next is the inevitable question from the truck owner “what do I do now to stay in business?” I always tell them the good news is there is a path to stay in business and lower your insurance costs. Few however are receptive to what is necessary to save their businesses and lower their insurance premiums. All to frequently it is because it involves downsizing which most are unwilling to do. Each and every time downsizing is not an option it is always because downsizing means telling a family member they can’t work for them any longer. I’ve had fathers and sons, brothers and brothers-in-law all tell me that downsizing wasn’t an option because of a family member being a driver. This is why few recover and save their businesses. Instead they elect to attempt to continue business as usual to a very unfortunate and completely preventable demise.
Additional changes to your insurance policy that are far less impactful in the amount they reduce your premium can still be effective tools to utilize to save money. These changes include:
Reducing your radius of operation.
Locate and Operate your business outside of regions with high insurance premium rates such as New York City, Los Angeles, Chicago, Miami, etc.
Removing coverages that are not required such as General Liability, Hired Auto, Non-Owned trailer, etc.
Adjusting the commodities you transport in favor of non-hazmat, less-risky, lower cost and nominal risk of theft commodities.
Removing commodities such as:
All hazmat
Electronics
Pharmaceuticals
Shell fish
Replacing with commodities such as:
Canned goods
Paper
Non-alcoholic beverages
Agriculture products such as grain & feed
Increase your deductibles to the maximum amount offered by the insurance company.
If you’re truly in crisis mode, the first step to reducing your insurance cost is to identified and take advantage of all/any of these 5 listed options. Then, concurrently, downsize your operation to one truck, one trailer and yourself as the driver if you’re not already there. This will provide you the best possible opportunity to save your business.
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COI’s provide a gateway to identity theft and scams for would-be thieves.
Way too often I get calls from someone claiming to be a broker who wants to receive a certificate of insurance for one of my customers so they can dispatch them on a load. I politely inform the broker, “COIs can only be requested by the insured.”
Then: I contact the customer to inform them of the broker attempting to get a COI. Frequently, that’s when I learn that the supposed dispatch didn’t and wasn’t about to happen at all — it was either an attempt at identity mining or a scam.
Many of us look at our COI and think, “there’s nothing here to steal my identity.” That is most certainly not the case. Would-be identity thieves use multiple sources to mine or gain as much information on us as possible before executing the theft. Our COIs contain our addresses, company names, insurance policy numbers, vehicle identification numbers, our insurance carrier, our insurance agency information and more.
Insurance fraudsters and insurance stalkers can also use COIs to determine if it’s worth their time to attempt an insurance claim or lawsuit against us. We all know what an insurance fraudster is. But I call attorneys who target trucking companies insurance stalkers. Both like to use COIs to identify who they can collect the largest sum of money from with an insurance claim or lawsuit. Insurance stalkers can use COIs when a potential client approaches them with a request to represent them for a claim or lawsuit involving a truck or trucking company.
The FMCSA only requires the minimum bodily injury property damage (BIPD) coverage to be listed on our publicly available MCS-90 endorsement. However, that amount may be and frequently is less that what our actual policy BIPD coverage is for. These days, most trucking companies have at least $1 million in BIPD coverage. That is why insurance stalkers like to have a COI, because it shows that full amount of BIPD coverage on the policy. Insurance stalkers use that information to adjust the amount of the claim and/or lawsuit to an amount closer to the total BIPD coverage of the policy.
Insurance fraudsters, meantime, can use COIs to identify which trucks they wish to target in a planned “accident” — aka insurance fraud.
Broker and carrier impersonation are forms of scams previously reported on here in Overdrive. I can think of several ways to use a COI to accomplish many identity-theft crimes and scams. Because I do not want to not give a would-be scam artist or an aspiring identity thief a new idea, I’ll limit my list to the most obvious and simple ways our COIs can be used against us.
After acquiring your COI…
The identify thief learns your preferred lanes of travel from the load boards, contacts you and says he has a great load, already has your COI and only needs a current W9 to dispatch you on the load. When the would be identify thief receives your W9 they now have the most important piece of information to steal you or your company’s identity.
The would-be thief learns your preferred lanes of travel from the load boards, contacts a broker on a load, posing as you, accepts the load and receives an advance — a scam that’s grown more common in recent years and is often referred as the fuel-advance scam. Fundamentally, though, it’s about identity theft, and you may be held liable for the advance and required to refund the broker for their loss in the worst cases.
The would-be thief uses the learned information for a loan in your name and uses the VIN number on the COI for collateral, securing the loan in your name. When the loan goes unpaid, your truck may be at risk of repossession by the lender.
These are but a few scenarios. I’m certain that enterprising scam artists and identity thieves have more ways to use information on the COI against us than I can think of. The good news is there are steps you can take to protect yourself.
Verify with your insurance agent they will not give out any COI for your policy unless the request comes directly from you.
Remove all “additional insureds” from you policy. Along with other risks of having additional insureds, such insureds can potentially request COIs be given to third parties without your knowledge.
Lock all your credit reports to prevent creditors from receiving a credit report for a would-be identity thief posing as you.
The last may well be the most important among these – and you can do that via the links below to credit-freeze services of the major credit-reporting services:
Taking that final step may seem drastic but it won’t cost you in hard cash and it’s something I have done myself. It will however create more work for you when applying for credit of any kind. You’ll have to unlock your credit temporarily to allow for a legitimate lender or other entity to access the report, before locking access again. But in today’s world, with identity theft running rampant, that little bit of headache could be well worth the effort.
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It’s worth its weight in gold!
