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FORM MCS-90 OMB No.: 2126-0008 Expiration 3/31/2021
<br />DEFINITIONS AS USED IN THIS ENDORSEMENT
<br />Accident includes continuous or repeated exposure to
<br />conditions or which results in bodily injury, property
<br />damage, or environmental damage which the insured
<br />neither expected nor intended.
<br />Motor Vehicle means a land vehicle, machine, truck,
<br />tractor, trailer, or semitrailer propelled or drawn by
<br />mechanical power and used on a highway for
<br />transporting property, or any combination thereof.
<br />Bodily Injury means injury to the body, sickness, or
<br />disease to any person, including death resulting from
<br />any of these.
<br />Property Damage means damage to or loss of use of
<br />tangible property.
<br />The insurance policy to which this endorsement is
<br />attached provides automobile liability insurance and is
<br />amended to assure compliance by the insured, within
<br />the limits stated herein, as a motor carrier of property,
<br />with Sections 29 and 30 of the Motor Carrier Act of
<br />1980 and the rules and regulations of the Federal
<br />Motor Carrier Safety Administration (FMCSA).
<br />In consideration of the premium stated in the policy to
<br />which this endorsement is attached, the insurer (the
<br />company) agrees to pay, within the limits of liability
<br />described herein, any final judgment recovered
<br />against the insured for public liability resulting from
<br />negligence in the operation, maintenance or use of
<br />motor vehicles subject to the financial responsibility
<br />requirements of Sections 29 and 30 of the Motor
<br />Carrier Act of 1980 regardless of whether or not each
<br />motor vehicle is specifically described in the policy and
<br />whether or not such negligence occurs on any route or
<br />in any territory authorized to be served by the insured
<br />or elsewhere. Such insurance as is afforded, for public
<br />liability, does not apply to injury to or death of the
<br />insured's employees while engaged in the course of
<br />their employment, or property transported by the
<br />insured, designated as cargo. It is understood and
<br />agreed that no condition, provision, stipulation, or
<br />limitation contained in the policy, this endorsement, or
<br />any other endorsement thereon,
<br />Environmental Restoration means restitution for the
<br />loss, damage, or destruction of natural resources arising
<br />out of the accidental discharge, dispersal, release or
<br />escape into or upon the land, atmosphere, watercourse,
<br />or body of water, of any commodity transported by a
<br />motor carrier. This shall include the cost of removal and
<br />the cost of necessary measures taken to minimize or
<br />mitigate damage to human health, the natural
<br />environment, fish, shellfish and wildlife.
<br />Public Liability means liability for bodily injury, property
<br />damage, and environmental restoration.
<br />or violation thereof, shall relieve the company from
<br />liability or from the payment of any final judgment,
<br />within the limits of liability herein described,
<br />irrespective of the financial condition, insolvency or
<br />bankruptcy of the insured. However, all terms,
<br />conditions, and limitations in the policy to which the
<br />endorsement is attached shall remain in full force and
<br />effect as binding between the insured and the
<br />company. The insured agrees to reimburse the
<br />company for any payment made by the company on
<br />account of any accident, claim, or suit involving a
<br />breach of the terms of the policy, and for any payment
<br />that the company would not have been obligated to
<br />make under the provisions of the policy except for the
<br />agreement contained in this endorsement.
<br />It is further understood and agreed that, upon failure
<br />of the company to pay any final judgment recovered
<br />against the insured as provided herein, the judgment
<br />creditor may maintain an action in any court of
<br />competent jurisdiction against the company to compel
<br />such payment.
<br />The limits of the company's liability for the amounts
<br />prescribed in this endorsement apply separately to
<br />each accident and any payment under the policy
<br />because of anyone accident shall not operate to
<br />reduce the liability of the company for the payment of
<br />final judgments resulting from any other accident.
<br />FORM MCS-90 Page 3 of 4
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<br />Risk Management Malyrt
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