Everything You Need To Know About Filings
Posted in Transportation
Author: Sandi Fritz
Filings are a crucial aspect of commercial transportation insurance. It is important that those working in commercial transportation insurance have an understanding of filings.
What are Filings?
The term filing refers to a certificate issued by the insurance carrier which provides evidence that the trucker or public livery operation has enough insurance to meet the minimum federal or state requirements.
How are Filings made?
Most filings are made by the insurance carrier’s filings department with no authority extended to anyone outside of that department. There are a few rare exceptions where the carrier gives a general agent the authority to make filings on their behalf. (J.M. Wilson has been given authority to make filings on behalf of the carrier)
Who needs Filings?
Filing needs vary from the federal to state level, and the type of operation:
On the federal level, filings are required on a vehicle if it meets any of the following criteria:
- For-hire transporting of goods or the public across state lines.
- Has a gross vehicle weight rating of at least 10,000 pounds or more. (Vehicles under 10,000 pounds may require a federal filing but at a lower minimum limit of $300,000)
- It is used in transporting hazardous materials requiring placarding according to FMCSA’s insurance regulations.
On the state level, the requirement will vary depending upon the state;
The carrier will need to have filed for intrastate operating authority within the state. Click the link below for the intrastate property/oversize-overweight requirements, listed by state.
Types of Federal Filings
BMC-91X: Public liability insurance (bodily injury/property damage/environmental restoration). Filed with FMCSA to guarantee that the carrier has enough liability insurance to meet the federal requirements to cover the increased risk of transporting goods or people across state lines.
MCS-90: Endorsements for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980. This is not filed with FMCSA but is an endorsement attached to the insurance policy for a motor carrier that shows proof of the required federal financial responsibility.
- You must have an MCS-90 if you have federal filings.
- The MCS-90 requires a 35-day notice of cancellation of the policy.
- The MCS-90B is the endorsement attached to the insurance policy for a public livery risk.
BMC-90: Not filed with FMCSA but an endorsement attached to a liability insurance policy that shows proof that a BMC-91X was filed. (Some carriers do not attach a BMC-90 endorsement as they feel that the MCS-90 is proof that the BMC-91X was filed)
BMC-34: Filed with FMCSA to guarantee that the carrier has cargo insurance of at least $5000 per vehicle and is only required for carriers with active Household Goods federal authority.
BMC-32: Not filed with FMCSA but is an endorsement attached to a cargo liability policy as proof that the BMC-34 has been filed.
Types of State Filings
Form E: Filed with the individual state in which the motor carrier has intrastate authority to guarantee the carrier has sufficient liability limits to meet the individual state’s requirements.
Form F: An endorsement attached to the carrier’s policy as proof that the Form E or an oversized/overweight liability filing was filed.
Form H: Filed with the individual states in which the motor carrier has intrastate authority to guarantee the carrier has sufficient cargo liability to meet the individual state’s requirements.
Form I: An endorsement attached to the carrier’s policy as proof that Form H was filed.
OS/OW: Oversize/Overweight Filing. A liability filing required in a handful of states when a motor carrier is hauling a load that exceeds the legal dimensions and weight limits for highway vehicles and the load requires a special permit. The Ohio Oversize/Overweight filing is called an OS-32.
What if proper filings are not in place?
Failure to have the proper filings can lead to a motor carrier’s authority being suspended or revoked which can result in downtime, lost loads, and even financial penalties, fines and impounding of vehicles. It is imperative to find out from a motor carrier what filings they need and getting those filings in place in a timely manner.
Can Filings be canceled?
Filings can be canceled by the insurance carrier or the insured. The federal and state laws require a 30-day notice of cancellation by the carrier plus mail time. Some carriers choose to cancel filings at the expiration of each policy term while others only cancel filings when the policy cancels, is non-renewed, or the insured chooses to place coverage with another carrier.
At J.M. Wilson, we understand that filing requests are a top priority and our knowledgeable Transportation Underwriters are here to help you with any questions you may have.