Posted by: jmwilsonmga | November 29, 2011

Interview with an Expert : Filings – What Are They?

Marsha DeHaan, Transportation Fleet Underwriter

Today, we are continuing our “Interview with an Expert” series.

I’ll be interviewing Marsha DeHaan, Transportation Fleet Underwriter – one of J.M. Wilson’s  Transportation experts.  Marsha joined J.M. Wilson in 1994.  She is responsible for trucking accounts that have 11 or more power units for all of the states J.M. Wilson serves.  She loves that her work is always interesting, with constant changes in the marketplace and with company guidelines.  Outside of the office, she is a big Yankee baseball fan, as well as reading, knitting, and card making

So, without further ado, let’s learn about Filings!

Question : What are Filings?

Response: The term filing refers to a certificate issued by the insurance company which provides evidence that the trucker or public livery operation has enough insurance to meet minimum federal and state requirements.

Question : Are there different types of filings?  What are they?

Response : Yes, there are four different types of filings.  Here are descriptions of each and what they are used for.

  1. BMC-91X: Federal filing that guarantees the FMCSA (Federal Motor Carrier Service Authority) that you have enough Liability insurance to cover the increased risk of transporting goods or people across state lines.
  2. Form E: Liability filing.
  3. Form H: Motor truck cargo filing – needed for household goods movers.
  4. MCS-90: This is an endorsement that must be attached to Liability insurance and Cargo Liability insurance policies if you are required to have a federal filing.  The MCS-90 endorsement guarantees the minimum required protection for members of the public who are involved in accidents for which the insured is deemed legally responsible.

The MCS-90 is not filed with the FMCSA.  The BMC-91X filing is submitted to the FMCSA as certification that the MCS-90 endorsement has been issued.

Question : Who needs a to have a filing?

Response : The need for a filing varies on the federal and state level.

On the federal level, a vehicle will need a filing if it fits any of the following criteria;

  • Hauling goods or transporting the public for hire.
  • Has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds or more, whichever is greater;
  • Is designed to transport 11 or more passengers (including the driver);
  • Is used in transporting hazardous materials in a quantity requiring placarding.

On the state level, the requirement will vary depending upon the state.  These truckers or public auto risks need to have intrastate authority.  Your underwriter can give you more information on your particular state’s requirements.

Question : How are filings made?

Response:  Filings are made by the insurance company; outside of the few exceptions where the company has given J.M. Wilson authority to make the filing on their behalf.

Question :  Can filings be cancelled?

Response: Yes, filings can be cancelled by the insurance company.  The Federal and State laws require a 30-day notice of cancellation by the insurance company (plus mail time).

Question : What is the most common type of filing?

Response : Liability filings are by far the most common.  Everyone who requires a filing would need the liability filing.

Question : What are the different kinds of filings available?

Response:  There are several different kinds of filings available – varying by state or federal level.  The first are liability filings.  If your insured requires a filing, they would need a liability filing.  There is a Federal Filing for truckers hauling freight across state lines or public autos carriers transporting passengers over state lines.  Most states require liability filings for truckers or public auto risks that haul only within a state and have “intra-state” authority.  There are cargo filings for household goods movers.  Some states have Oversize/Overweight filings.  Each insured will be evaluated separately when you send your risk to J.M. Wilson.

Thank you to Marsha for her expert guidance!  Please share any of your questions and comments. We’d be happy to address any of those for you!

Disclaimer :  This article is for informational purposes only.  There is no legal advice being suggested or proffered.  The author assumes no responsibility or liability for the actions taken or not taken by the readers based upon such information.  This article is the opinion of the author and is not supported or endorsed by J.M. Wilson.  It should not be relied upon and may contain inaccuracies or content may have changed over time, contact your underwriter for the most current and accurate information.  Any comments or responses are the opinions of their authors.  Content on this site is believed to be covered under Fair Use.

Copyright 2011 J.M. Wilson Corporation

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