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with the MCS 90 endorsement.to begin I'd like to tell you just a.little bit about my about myself and why.I'm qualified to speak on this topic my.name is Ashton Kirsch and I'm an.attorney with the law firm of Matisse.and Wickard and Lehr our firm is a.leading subrogation law firm and we.handle all lines of insurance.subrogation claims in all 50 US states.I'm confident that most of you on this.webinar are probably very familiar with.their firm as clients or so forth and.have used our websites our books are.numerous charts or other resources that.we provide to the claims industry a bit.more about me I specialize in.transportation litigation focusing in on.the subrogation of large loss trucking.marine cargo and interstate.transportation claims this would be.claims involving the MCS 90 endorsement.Carmack for cargo cogsa and so forth in.my practice I've developed a very strong.understanding of the MCS 90 endorsement.and other other federal mandates that.influence the trucking industry and have.litigated and recovered on dozens.countless of MCS ninety cases throughout.the United States in both subrogation.reimbursement and coverage issues.further I've spent the past number of.years traveling around the country.speaking at conventions conferences and.providing webinars such as this one on.MCS 90 endorsement and the best claims.practices in handling transportation.claims finally I've answered countless.questions probably for many of you in.attendance and other adjusters across.the country and these numerous questions.on the MCS 90 endorsement is really what.caused me to create this presentation a.synopsis of the law and the basis for.bringing these claims so now let's move.forward and go into the topic at hand.why am i presenting on this topic and.why are you all logged in to this.webinar I've developed these materials.in order to provide you the subrogation.professional adjuster with an.understanding of MCS 90 and how to use.this.increase your recoveries the purpose of.this presentation is to one help to.expand your knowledge on transportation.claims in general how to assert a claim.on negotiate a claim or even defend a.client I too will focus and learn the.intricacies of the MCs 90 endorsement.why it exists I will review the.historical context that gave rise to its.development.we'll review the pragmatic application.of the endorsement how does MCS 90.influence your day to day claims.handling will review the effect on the.trucking industry.how does MCS 90 and certain financial.responsibility rules affect the entire.trucking claims industry and safety.professionals 3 we're going to discuss.and learn how the MCS 90 endorsement.creates kind of a quasi coverage noting.that the idea of created coverage is.actually just a term of art and we're.actually stating this to say that it's.an actual surety relationship quasi.coverage where payment can be made by a.third party insurance carrier for will.analyze these claims to help you to.understand the right to reimbursement.after MCS 90 is paid this is be.transitioning halfway through the.presentation from subrogation claims on.behalf of injured parties or injured.insurance carriers who have paid.benefits to those parties to actually.bringing a reimbursement claim on behalf.of the carrier who pays out other MCS 90.and 5 I'll provide you here with.numerous tricks tips and resources that.you can apply to all of your litigated.matters with that said let's take.another sneak peek at what will be.covered and how we're going to go about.this presentation this presentation will.discuss in detail the regulatory.backdrop of the 20th century interstate.commerce regulations we'll discuss those.historical regulations that actually.gave rise to MCS 90 and public financial.responsibility rules we'll go through.the how the why the where and the when.to apply mzs 90 claims.we'll discuss how to analyze MCS 90.claims in assessed coverage and how to.use MCS 90 to recover on a seemingly.dead claim in case and relatedly how to.recover if the carrier then pays out.under MCS 9 did and finally as time.permits we'll hit some of those.questions and and try to give you our.thoughts understand that this.presentation today is really a snapshot.at the synopsis of an area of law that.could take hours to go over so we.approach it accordingly and try to just.hit the tip of the iceberg so that you.understand what MCS 90 is and can apply.this and know where to look for future.claims handling so let's dive in.introducing MCS 90.now the all-important question not what.is the MCS 90 endorsement for those of.you who are not familiar with the.endorsement MCS 90 is an insurance.policy endorsement that's used by motor.carriers to comply with the federally.mandated liability requirements placed.upon them for the purpose of this.presentation we're going to mention.motor carrier is referring to both.private and public trucking companies.what the endorsement does is requires.the insurance carrier that issues the.endorsement to pay on any judgment that.is obtained against their insured that.arises from negligent damage to property.persons or the environment even when.that loss would not otherwise be covered.by the terms of the policy.in short the endorsement is meant to.shift that risk of loss from the public.the innocent public and back to the.trucking company or their insurance.carrier by guaranteeing that an injured.party is going to have a means to.recovery and ability to to be made right.even when the trucking company has no.money and the insurance carrier for that.trucking company has a valid exclusion.or basis to deny their coverage meaning.that the insurance carrier must then.step up and pay a judgment even when.they're insured if that trucking company.is not able to and the terms of the.policy don't allow for coverage what.this endorsement does is it supersedes.and Trump's the terms of the policy and.that coverage exceptions and exemptions.are no longer applied and the liability.and responsibility that pay under MCS 90.still remains in other words as we.continue to go through the same issue.this endorsement creates a surety.relationship whereby an injured party.should in most situations have a way to.recover when they are injured by the.negligence of an interstate motor.carrier.now I'm a student of history and I in in.being so I find it hugely important to.understand the historical context of any.issue in order to really and truthfully.grasp its later developments accordingly.in order for us to really understand the.significance of the MCS 90 endorsement.and public responsibility rules it's.essential that we understand how it came.about and developed that's what we'll.discuss in this slide from the 1800's.until about the 1970s the federal.government was engaged in a constant.expansion of regulation that we saw.throughout the economy and this.specifically involves interstate.commercial relations the move towards.regulation and had been ongoing for some.time but the real starting point I was.with the passage of an act called the.Interstate Commerce Act the ICA also.known as of 1887 what the ICA did is it.was law created that created to combat.the monopolistic practices found in the.railroad industry the railroads had been.constantly increasing rates they've been.using unfair trade practices to limit.competition and collaborating amongst.each other and appropriately to increase.prices to consumers the general idea of.the ICA was that they could force the.railroads to charge a reasonable and.just rates and to squash the price.collusion and anti-competitive elements.in the industry it was a very novel idea.of great for the industry so throughout.the 1900s and early 1900s regulation.continued to expand if they expanded.upon the ICA and I government.politicians continued to grasp for more.and more power as they continue to.influence the economy and this was.consistently supported by the US Supreme.Court I meaningful to our analysis was.the next change that occurred in 1935.when Congress amended the ICA to.specifically regulate motor carriers.that would be trucking companies the.goal of this was to fold one they wanted.to make the I say applicable to assure.reasonable rates were used in the.trucking industry.and to replace the railroad in trucking.businesses on an equal regulatory.footing so 1935 trucks begin to be.regulated per the ICA and federal rules.with the regulation now applied to all.forms of transportation the regulations.continued to expand government got more.and more involved more hands went into.the pod and the web for compliance with.certain regulations became even more.difficult in short by the 1960s the.industry for transportation and trucking.specifically was a red tape nightmare.the ability to operate it as a common.carrier a trucking company ahead was.only limited to huge companies that.could afford to have a staff of a many.lawyers many compliance folks that could.go out there and make sure that they.applied complied with all different laws.of regulations 1970s this began to.change Washington realized their folly.and they started a process of general.deregulation in the end to increase in.support the business private the.processes of deregulation for our sake.really hit its climax with the passage.of the motor carriers Act of 1980 also.known as the MCA the MCA was a federal.law which was enacted to deregulate an.increased competition in the trucking.industry this law created widespread.huge and sweeping changes that sent.waves throughout the field I don't often.quote Jimmy Carter but Jimmy Carter did.sign the bill and he stated I in quotes.that this is historic legislation it.will be removed it will remove 45 years.of excessive and inflationary government.restriction and red tape it will have a.powerful anti-inflammatory and ollars.and conserving annually hundreds of.millions of gallons of fuel consumers.will benefit because almost every.product we purchased is shipped by truck.and outmoded regulations have inflated.prices that we must pay each day the.trucking industry will benefit greatly.those are the words of.McCarter keep in mind that prior to the.mca the inefficiencies in this system.work blaring motor carriers would have.to apply and obtain an authority to go.on certain transportation routes on.which they would then hold a monopoly.what this would mean though is that.oftentimes a load would have to be.transported cargo would be carried.hundreds of miles in a totally opposite.direction just to comply with set routes.an example being that a load going from.Miami to New Orleans they need to go up.through Atlanta just to comply with.routes a load from Chicago to Milwaukee.may need to go through st. Louis.these inefficiencies cause major issues.and that was one of the purpose of the.MCA the MCA specifically the change.allowed carriers to publish their own.rates and price within a zone of.reasonableness it also added flexibility.into the negotiation of service.arrangements and gave a lot more leeway.to companies to actually decide where.they wanted to transport and how to.transport and all in all the MCA.streamlined the process of compliance.and allowed it much it made it much.easier for smaller less funded trucking.companies to join the industry by.reducing these barriers the trucking.industry flourished it exploded and.countless smaller companies formed and.began to operate this reduced the prices.to consumers and thereby created a rayon.created a system of a positive eye.system that maple had a ton of small.trucking companies come about increasing.the number of trucks on the road this.resulted in obvious probabilities of.greater accidents with different trucks.that may have less responsive financial.abilities as is seldom the case as we.get through this history the federal.government actually anticipated the.unintended consequences of the MCA they.realized that the additional trucks in.smaller motor carriers would lead to.more accidents and specifically more of.those accidents with underfunded parties.that were at fault.so the MCA initiated additional safety.requirements to counter these issues.importantly and important to our MCS 90.consideration the Act required that.interstate motor carriers carry a set.minimum level of liability coverage to.protect the public from the influx of.these small underfunded truckers on the.road.specifically the MCA required that the.carrier obtain minimum liability.coverage in one of three ways one the.motor carrier can obtain an insurance.policy that obtained and Emma that.included in MCS 90 endorsement so one an.MCS 90 endorsement - for those larger.motor carriers they could have a policy.of law policy of self insurance they.could have self insurance if they had.the requisite monetary capacity and.three the carrier could have a.qualifying surety bond in short the MCA.required that motor carriers who would.operate interstate that's between more.than two states would have to have one.of these three public financial.responsibilities.forms of compliance in order to operate.while all three options is discussed.the surety bond the self insurance at.the MCS 90 endorsement do comply with.the federal regulations a by far the.most common would be through MCS 90.compliance and that's why we bring this.presentation forward that's what we're.going to discuss for the remainder of.this PowerPoint.now as we've discussed the MCA and.federal liability rules set various.financial responsibilities requirements.on carriers specifically requiring a.certain amount of public liability.coverage based on the type of product.being transported so the extent of.public liability coverage that needs to.be had by that trucking company to get.operational authority is based on the.size of the truck and the type of cargo.being moved these requirements vary from.a low of seven hundred and fifty.thousand dollars for standard transport.to a high of five million dollars for.more hazardous products the next slide.here we're going to look at the actual.schedule of limits the chart here is the.most recent schedule of limits as.released by the FMCSA which would be the.I the administrative authority handling.these claims the Federal Motor Carrier.Safety Administration's administration.these rules here may not include all.relevant liability limits as there are.additional requirements for those who.transport people rather than prom.product but those could be subject to.another rule.notice how this chart outlines the type.of carriage we see that it's based on.the weight of the vehicle and then this.correlates to the type of commodity.being moved the type of cargo in order.to determine the dollar value that is.required for those limits accordingly.there's two major consideration here one.the weight of the vehicle and two the.type of cargo moved I'd first look at.the first subset offer for higher.vehicle this includes vehicles with a.weight over 10,000 pounds and carrying.non hazardous materials this would be.your standard trucking company the.standard over the road trucker as you.can see on the right this carrier would.be subject to 750 thousand dollar limits.meaning that they need to obtain a.minimum of seven hundred and fifty.thousand dollars in coverage through MCS.ninety or one of the other means of.compliance second we see those vehicles.that are similarly situated in weight.but carry hazardous materials these.substances would be fertilizers.pressurized gases radiological material.radioactive materials obviously those.materials that have a much greater.cleanup cost for environmental damages.for those we're looking at five million.dollar limits third we see a lesser.version of the hazardous materials for 1.million in liability limits this would.be those carrying oil or certain less.hazardous materials and finally we look.at for this is a section that just.correlates a hazardous material rules.and to the vehicles that weigh less than.ten thousand pounds all in all these.schedules are important to monitor and.really to understand because this sets.what your requisite limit would be under.MCS 90 if you have an over-the-road.trucking company transporting between.two states and they're in compliance you.bring a claim against them more than.likely if they're transferring non.hazardous materials they will have an.MCS 90 endorsement providing for 750,000.in coverage.now on to the actual endorsement.language the MCS 90 endorsement reads in.consideration of the premium stated in.the policies to which this endorsement.is attached the insurer agrees to pay.within the limits of liability described.herein any final judgment recovered.against the insured for public liability.resulting from negligence in the.operation maintenance or use of Motor.Vehicles subject to the financial.responsibility requirements of the MCA.regardless of whether or not each motor.vehicle is specifically described in the.policy and whether or not such.negligence occurs on any route or in any.territory authorized to be served by the.insured or elsewhere in short this.endorsement the language describes.exactly what we've been discussing that.despite policy provisions to the.contrary the MCS 90 endorsement will act.to create a quasi coverage.responsibility to pay a judgement and.mandated reimbursement under certain.situations.something to quickly be touched upon is.once a policies which issued under MCS.90 it must be filed with the federal.government with the FMCSA accordingly.all of these forms all filings are in.most additional scenarios public record.so whenever you get a case involving.trucking companies typically will Google.FMCSA filings and so forth to see how.what insurance carriers they have listed.and what type of coverage we're looking.at with a simple understanding of where.the endorsement stems from now we can.actually move forward and discuss how we.apply MZ s-92 claims and actual injuries.so when does MC s9 t apply I.continue to drill into your mind.throughout this presentation that MCS 90.is exceptionally easy to evaluate it.just becomes more complex when you get.into the various issues in background.information there's really three main.things you need to consider improving.any MCS 90 claim those elements are one.was the load being transported.interstate that is between two or more.states interestingly as this could be a.whole nother presentation some circuits.have actually interpreted this to mean.that shipments that are bound under a.bill of lading for another state but the.injury occurs within the first state may.still be subject to these rules.case-by-case basis for you that gets a.bit more complex than our eyes.discussion today but just keep in mind.interstate 2 or more states - it's the.truck driver negligent in causing this.accident and did this negligence.actually caused the injury I insured can.you prove a third party claim three is.the accident somehow excluded from.coverage within the policy the basis for.such an exclusion may vary but common.examples would be one is there an.exclusion for environmental damage maybe.a pollutant exclusion is there a non.listed auto exclusion was the did the.accident that occur occur with the.vehicle that the owner of the company or.some employee forgot to actually list.with the insurance company and also and.finally cancellation a policy has to be.cancelled under certain ways per the.FMCSA that are more stringent than.typically contractual issues with your.insurance company under the MCS under.MCS 90 the insured must be given at.least 35 days notice of cancellation the.FMCSA provides for 30 days if that.notice is not provided then it could.well be that the policy is cancelled for.purpose of coverage and actually under.the terms of the policy for the insured.the trucking company but MCS 90.liability and obligations may still be.in existence so in summary if driver if.the driver was one operate.interstate 2 was negligent and three.coverages denied for one of these.reasons then you may very well have an.MCS 90 claim and an ability to assert.this against that trucking company and.insurance carrier.you.now we understand you know discuss the.elements necessary to prove your claim.so let's shift our focus and discuss a.few of those practical issues that come.into play when bringing your claim first.off it's important to recognize that.insurance carrier with an MC s90.endorsement has a duty to satisfy any.judgement brought against them / MCS 90.against the trucking company however.they don't have a policy or.contractual obligation to actually.defend their insured that's a.distinction worth mentioning because.they don't have that obligation but any.carrier would be completely insane to.not defend their insurer with the.reservation those scenarios because.obviously then they'd be able to obtain.a judgment and enforce that they have.that enforce against them so practically.speaking all of these MCS 90 claims look.about the same we have a trucking.company where we pursue a claim against.the trucking companies coverage is.denied we get a denial letter from the.trucking company saying we don't have.coverage here we then review the Bill of.Lading see that it was an interstate.load bring a claim against the trucking.company and send a letter to their.carrier I explained that we believe they.should have MC s90 coverage here.typically that would be the case.at which point die usually the adverse.carrier with that MC s90 endorsement.would be willing to come forward provide.a defense and our discuss settlement.considering these practical situations.it's really often the case that we can.bring the adverse carrier directly and.earlier and attempt to settle these.things I keeping in mind that most.adverse adjusters we speak to on these.issues upon us providing documentation.they should have MC s90 coverage or some.sort of a extra coverage here don't play.stupid it's not uncommon for them to.pretend that they have no idea what MC.s90 is that they don't know that these.exclaims even exist and kind of.Stonewall you on it accordingly we tell.all of our clients who handle these.cases that they need to be organized.you should one identify the carriers.soon as possible to notify this carrier.of your claim.once coverage is denied notify them and.provide them a detailed memo outlining.what an MCS 90 claim is why you believe.that their policies would have this.endorsement and so forth when you.provide these explicit explanations of.MCS 90 you're going to be showing the.adverse adjusted that you know your.stuff and I just remember that these.adverse adjusters are oftentimes trained.to act that way officers usually a claim.will be asserted against their insured.they'll deny for lack of coverage then.the claim will disappear thankfully.following this presentation and the goal.of this presentation is to give each of.you the listener the attendee at the.background information to at least have.this perk up something perk up in your.mind to think okay it's been denied this.was an interstate load we may have a.right to recover there may be an MC s90.claim here.that's MCS 90 in a nutshell the.remainder of this presentation will.continue to review these issues and look.a little bit more in depth.important to our considerations is.something I always given all my.presentations for truck and related.losses it's some scope as to I the.nature of the trucking industry to grasp.the importance here the extent of claims.we really need to take into account the.state of the u.s. trucking industry.specifically I have little doubt many.people here listening to this.presentation have spent countless hours.sitting on a file working it up and then.realizing that the trucking company.you're pursuing just has no resources a.few interesting statistics to keep in.mind this is immense size and number of.carriers is that 80 percent of all US.cargo in the United States in the United.States is transported by truck this is.accounting for seven hundred and twenty.six billion dollars in revenue just in.trucking along in the u.s. there are 1.3.million trucking companies and ninety.percent of these companies have fewer.than six trucks this is a huge.statistics for MCA firms as ninety.claims given the fact that we're looking.at that many small trucking companies.that typically aren't gonna have the.resources in order to satisfy any claim.beyond coverage that they have equally.staggering is the fact that six percent.of the population in the United States.works in some way within the trucking.industry which makes truck driving the.most common occupation in 29 US states.I've beyond this US trucks drive four.hundred and thirty two billion miles.which would be the distance from here to.Pluto going back and forth twenty five.times but that's each year in short the.trucking industry is immense there's.more and more trucks on the road every.year making MCS ninety claims just that.much more important.beyond the sheer size is the extent of.damage caused by these trucks in 2017.forty thousand people died in car.crashes and 4.6 million people were.injured i costing four hundred thirty.two billion dollars i in court.creates an incredibly dangerous scenario.when we have more and more of these.trucks on the road and they have less.and less funds available to satisfy and.it injuries.so MCS 90 comes into play and we see.every year more and more claims being.being asserted they're under.so now I believe in any MCS ninety.example it's very helpful to actually.look at a common scenario or an example.to give you a true understanding of how.this plays out now the example I like to.provide is by an introduction to my good.friend though imaginary friend Joe.trucker I want you to imagine Joe he's a.long-haul trucker he's carried loads for.two decades twenty years this has been.his life in his career and one morning.he just wakes up and realizes you know.enough is enough I'm done driving for.other people I'm doing this myself so.Joe decides I'm starting my own company.so he goes out to the local Peterbilt.dealer and buys an old tractor goes to.the cellphone store opened the checking.account with a few bucks I goes on and.obtains all necessary licenses and then.goes along to his local insurance agent.and requests a qualifying insurance.policy he creates a company called JT.trucking LLC obtains the necessary legal.documents through a legal website and.with his insurance policy in hand.ensures that he has an MCS ninety.endorsement and he's up and running he.has insurance he has a bank account he.has an LLC that's what it is so Joe's.good and running and he immediately.begins leasing himself out and carrying.loads for others similarly financially.situated companies now on the fatal day.for our example Joe's hired let's.imagine that Joe's hired to carry a load.of tires to a neighboring state on the.morning of the pickup Joe goes out to go.get his mail to go pick up the newspaper.coffee and hand in slips on ice injuring.his leg I realize is that he still has a.job to do he has a new company and he.can't just not be showing up to pick up.loads so he calls his betting buddy mark.who also has been a trucker and asks.mark to come and help him handles a lot.of tires mark shows up to Joe's picks up.the tractor and hits the road to go pick.up the load of tires he big.upload begins the trip and while driving.down the road after crossing into a.neighboring state.mark falls asleep behind the wheel and.negligent negligently crashes into a car.being driven by our example party Hattie.plaintiff now imagine Patty's cars.totally destroyed and she's lucky to.even be alive she's rushed to the.hospital and has to undergo emergency.surgeries causing significant amounts of.money in medical bills when all said and.done we have about $50,000 for a new.destroyed car and about 100 150,000 in.medical bills so a few weeks later patty.hires an attorney who asserts a claim.against JT trucking for $200,000 for the.personal injury so we have two claims.here we have claim for property damage.of 50 thousand and a $200,000 $200,000.bodily injury demand.so Joe's sitting at his home office a.few weeks later reading his mail and I.he reads this demand letter from Patty.plaintiff's attorney thankfully he.remembers I have an insurance policy I.have this policy through truck and stuff.insurance so he calmly emails the agent.scans in a copy of the demand and sends.it off hoping a claim will be quickly.opened and truck and stuff will step in.and resolve this.the adjuster with truck and stuff would.then receive the demand investigates the.claim and then realizes that mark was.driving this vehicle caused the damage.and he's not a covered person are not.listed on this policy so truck and stuff.promptly denies the claim for lack of.coverage and steps out of it accordingly.our buddy Joe's in a rough spot.he has no insurance coverage for the.loss and he has absolutely no assets to.pay the demand so quick thinking Joe as.would be most companies in his situation.changes the cellphone number closes his.bank account and begins operating under.a new entity jt2 trucking.otherwise he just goes out of business.and disappears off the map as would be.typical in these claims.so now Patty is out of luck thankfully.she has first part a coverage for the.auto damage through ABC Insurance who.pays for the 50,000 in damage and.asserts a subrogation claim but what do.they do now they recognize JT Trucking's.uncollectible and unable to pay or even.you know partially pay any sort of.judgement Plus even if they could go.after Joe individually he's got nothing.worth pursuing accordingly.stuck with really a few options but.thankfully the ABC adjuster had recently.been on a webinar regarding the MCS 90.endorsement and remembered that there.may be something there he explains to.the two patty plaintiff's attorney that.this is an interstate trucking load and.that JP trucking likely had an MC has.died the endorsements through truck and.self insurance accordingly they work.together team up and assert a claim.against the insurance carrier truck and.stuff demanding payment and threatening.to pursue a claim and get obtain a.judgment against their insured truck and.stuff initially refused to settle so ABC.and patty plaintiff both filed suit.against JT trucking and obtained a.judgment against JT with this judgment.in hand they go to truck and stuff.provide them this judgment threatened to.enforce it and the world's Man right.truck and stuff pays the $250,000 and.the MCS 90 claim has been collected upon.I understand that that's a very long.example and thorough given the facts but.I think it's helpful to envision these.things actually playing out because so.many of these cases while the facts.remain different they play out in the.same way they have different facts but.this same pretty pretty much structure.here to recap MCS ninety can be used as.a tool to create this seemingly quasi.coverage or right to reimbursement and.facilitate a recovery even against it.defunct and now out of business Motor.Carrier as we saw with Joe trucker Joe.would never have had enough assets to.pay a $250,000 demand however under MCS.90 ABC and patty were able to.substantiate make a full recovery I like.to break down the properly handled.claims into a few steps for your.assistance one assess your claim against.the negligent trucking company and.review any associated companies brokers.and so forth remember that when you.first get these files you should be.conducting an in-depth review or an.in-depth review as that check and so.forth you can google these companies.through the FMCSA and find details on.their operational status and so forth.it's good to do this early because.before they're out of business or try to.escape the claim you can usually get the.most information and kind of garner.whether you're going to be pursuing them.individually or if MCS 90 is your only.source of recovery I - you should.ascertain the identity of the insurance.carrier through an ISO police report.review or some sort of online search to.see if you can find out who that carrier.is early on in the process.and arguably making them more willing to.come to the table six you're going to.bring the judgment against the insurance.carrier and demand judgment if they.won't settle and seven settle with the.adverse carrier eight if they refuse to.settle get this with counsel because you.can enforce that judgment and force that.insurance carrier to reimburse you under.the MCS ninety-eight door sment further.always consider retaining counsel early.in the process because this allow.conceive the attorneys to build a.consistent case and hopefully resolve.the process early now.half a little bit over halfway through.so I do want to touch upon that trivia.question for the off rebook I once I.give you this question provide your.answer through the question pane on your.dashboard the first one to answer this.question correctly is going to win an.mwl book of your choice will reveal the.winner at the end of the webinar and.Jamie Breen with our office will email.the winner after the webinar to figure.out what book you may want and the.question for today is what is the state.that has the highest number of fatal.automobile accidents involving trucks.I'll repeat that again what is the state.that has the highest number of fatal.accidents involving trucks and we'll hit.that one at the end of the presentation.to go over the correct answer.you.now as explained earlier and back to the.presentation some strategies for.pursuing your class this presentation is.solely a primer so anything we cover is.just meant to give you that introduction.and the eight steps previously mentioned.will be helpful in your handling but.always remember that you should take.your time to review each claim as is and.refresh yourself on the relationship.between MCS 90 and that specific claim.also always expand upon the need to to.put these memos together to have an.actual live to be a research information.on MCS 90s that you can provide that to.the other side these adverse adjusters.if there's one thing I've learned in the.handling of these cases is it's it's.surprising how little some of these.liability adjusters for the actual.insurance carries with the trucking.companies know on these claims as.mentioned their strategy is either to.play dumb or be dumb and they're not.going to pay or even acknowledge.existence of MCS 90 until one you've.really proven that you know it's in.there and their policy or two suits.filed so always take your time provide.those memos and work with the adverse.adjuster to make sure that you have all.that information out there.now we've discussed everything with MCS.90 subrogation so now we're gonna kind.of turn this claim on its head and we're.gonna have a quick discussion now on MCS.90 reimbursement when I say MCS 90.reimbursement I'm referring to the.process by which an insurance carrier.who's paid out under MCS 90 may.thereafter pursue their own ensured and.demand repayment since these funds were.paid outside of the policy I.in short with MCS 90 the payment to that.third party the payment to Patty.plaintiff and a B C word was not per the.terms of the policy there was no.contractual obligation for the policy.terms to have those funds paid meaning.that there is a right here to pursue the.insured for making that payment.it's a surety relationship it's not an.actual coverage so MCS 90 reimbursement.claims uh he in most situations are the.most underutilized and one of the most.any unused unpursued claims that we see.in the insurance industry these claims.are often ignored and not pursued by.carriers due to the low chance of.recovery the idea of pursuing an.uninsured entity or even among some.carriers the disapproval of pursuing.your own insured in fact a lot of.carriers we see actually just write off.these claims.you know they underwrite these policies.they payout under MCS 90 when it comes.to actually pursuing repayment from the.insured they shut it down away of the.claim understand that these MCS 90.reimbursement claims are based upon a.purely contractual right of.reimbursement that allows the insurance.carriers to pursue a claim for repayment.of the amounts issued to an injured.party injured third party on behalf of.the insured through MCS 90 the.reimbursement language reads and this is.included in the endorsement that the.insured agrees to reimburse the company.for any payment made by the company on.any account of any acts if.to claim or suit involving a breach of.the terms of the policy and for any.payment that the company would not have.been obligated to make under the.provision of the policy except for the.agreements contained in this endorsement.accordingly this right to reimbursement.is very simple contract based and.totally self-explanatory if payment is.made under MCS 90 then the insured has.an obligation a duty and owes the.insurance carrier for those fun.difficulty here is that.usually these carriers don't have any.money to reimburse and it's not worth.pursuing an example here for JT trucker.going back to our good friend would be.let's consider when truck and stuff paid.out the $250,000 to Patty plaintiff and.ABC under the MCS nadya endorsement for.the sake of this example let's imagine.that Joe truckers somehow had his luck.turn around lock down a major contract.right following the accident and brought.in a significant and high profit for.that year truck and stuff their.subrogation teams and Department.recognizes that JT trucking now has some.assets and they have the ability to pay.at least a portion of the amount that.was paid out under MCS 90 accordingly.they assert a reimbursement claim.against their insurer.they send a demand letter citing the.reimbursement provisions and then.threatened to file suit against JT.trucker for the amount owed.reimbursement JT trucking realizes that.this is a total headache seeing that the.contract is valid and very much.enforceable agrees to pay a hundred.thousand dollars to get rid of this and.have a full of vinyl release accordingly.truck and stuff has cut some of their.losses and found a nice payday on this.reimbursement claim remember if JP.trucking decided not to settle a suit.could be brought and you can sue your.own insured under this endorsement which.leads us to the next discussion this.example here is great JT trucking came.into some money but practically speaking.it's not usually the case that those.companies are going to have those funds.the nature of MCS 90 claims make these.claims for reimbursement in inherently.just very tough to pursue typically MCS.90 is paid out when a trucking company.has the inability or just unwillingness.to actually pay for a judgment against.them and for the underlying claim if.they had the money to pay this then the.insurance company would never have been.involved and they would have been able.to walk away further many of these.companies by the time that MCS 90 funds.are paid out to Patty plaintiff or to.ABC the trucking.bunny that caused the losses already.closed just already reincorporated and.another name so acting quick is.important remember that despite the.difficulties with these claims we always.tell clients that they should never be.ignored we've had many many six-figure.recoveries on these cases great.recoveries despite the fact that they're.inherently not the easiest to pursue so.always look into the corporate structure.I see whether the company is still in.operation through FMCSA filings out.whether they've changed ownership.whether they've formed a new LLC or just.gone out of business and this leads us.to another thing that we like to.consider which would be what happens.when Joe trucking transitions to jt2.trucking changes their assets over or.somehow changes business operations to.make it so that they can't be pursued.this brings us to the long-held legal.doctrine that we like to mention these.presentations of piercing the corporate.veil the general idea of giving the.corporate veil is when a claim may be.brought against an orang owner or a.successor organization despite it being.incorporated in another name for example.if JD trucking came upon money and.changed ownership ship 2jt.to trucking solely for the purpose of.avoiding reimbursement then most.jurisdictions in the United States would.allow us to overcome corporate.formalities and pursue jt2 or even Joe.trucker personally for these amounts.owed I each state has very different.rules in regard to how when and where.you can pierce the corporate structure.so each claim should be reviewed.differently however some common examples.that you'll see in most states would be.the ability to pierce the corporate veil.when there's fraud involved with the.reorganization I when they.reorganization is solely to avoid a debt.or when the owners are found to be.commingling business and personal assets.he's died pulling funds out of the.business account to pay for his own.expenses and so forth and this is a very.heavy topic that I do like to mention.because it's very important for these.claims.but I could speak for a full you know.two or three webinars on this one so for.more information you can always reach.out to me but also I have recently.published an article in claims journal.titled following the money summer.getting mcs 90 payments against an.uninsured operator so it asks you to.take a look at that and review further.if you have questions.another thing that's necessary to.mention is always keeping in mind that.you should consider if there's any other.parties to pursue subrogation claims for.reimbursement claims are all about.creativity you know you are you have to.be the plaintiff's attorney you have to.be creative you have to make your claim.in a searcher claim and review are there.any other parties down the line.negligent brokers are their shippers are.there other parties that should have.contributed or may have had initial.exposure that weren't involved the.complex nature of interstate trucking.means that there are often numerous.companies involved with the shipment of.just one load of cargo or some goods so.you need to take the time immediately.upon opening a file for both MCS naívi.subrogation and reimbursement to.actually obtain all bill of ladings and.so forth.to wrap up the reimbursement issue a few.final tips and tricks for handling these.claims make sure that you have knowledge.and resources available to conduct asset.searches more than just standard.subrogation claims and other.reimbursement claims claims against.trucking companies involving these.underfunded companies really require you.to have the ability to search and find a.deep background on these companies.you should have software in order to.find what type of assets they have.available whether you can pursue them.you should know where to look for FMCSA.filings be ready to send public records.your questions so forth and also you.should have a network of investigators.that you can retain for larger claims.when you actually need somebody on the.ground to go look into these things MC.has 90 claims could be you know $750,000.five million dollars so it's important.to have people in order to go out there.and see whether there's anything to.pursue second engage trusted legal.counsel a good attorney is a good.attorney but there's a level of.specialization with trucking losses that.needs to be considered and we always.suggest that for cases in this complex.area of law you know all counsels not.the same all subrogation counsels not.the same so be sure to take your time.select your attorneys carefully and be.absolutely certain that those attorneys.that you work with in regard to MCS 90.or other more obscure transportation.issues know their stuff and actually.focus on these issues further remember.that these recoveries in many situations.can be deemed a windfall the top of five.recoveries I've had regard to MC has 90.claims have been with cases that were.initially either closed by the.subrogation team or rejected by other.attorneys so we need to look deep into.these things and keep it in mind and not.with it at the top of our head review.all of our files accordingly.and finally the last thing I like to.mention is that there are also many.state-based public financial.responsibility rules and regimes similar.to MCS 90 we don't have time to touch on.all this but suffice it to say that.certain states required those trucking.companies operating just intrastate in.that one state to have certain levels of.responsibility through a four map.endorsement or another type of.endorsements similar to MCS 90 so even.for those accidents that occur in one.state when you have a trucking company.causes an accident based upon their.negligence and the claim is denied for.lack of coverage always consider try to.get that policy whether there's any.external or additional coverage that.could be allowed through MCS 90 and that.is everything mcs 90 in a nutshell I I.hope that you found this enjoyable I do.apologize for the nature of jumping back.and forth on the issues it's a very.complex topic in something that is.relatively difficult to cover in a 4550.minute period but now that we have a.couple minutes I'll answer one or two.questions and announce our lucky trivia.winner.it looks like our we have the trivia.winner is Zachary McKenna.with core vel corporation.congratulations and the answer to your.question the question of what is this.state that has the highest number of.fatal accidents involving trucks the.answer here is Texas Texas is a.obviously very large States there is a.lot of trucking that occurs throughout.the state of Texas I'd say probably.about 80% of our MCS 90 claims that we.see for reimbursement are in Texas so a.great answer there see do we have any.questions here I think we have time to.get to one let's start with our Katie.and Arizona she as she states that our.company writes trucking policies and we.payout under MCS 90 at this point we.don't really pursue reimbursement.against the insured how do you suggest.we handle these claims and is it worth.pursuit.KTV yes the answer is you should.absolutely always be pursuing.reimbursement claims vigorously we've.seen some major recoveries and typically.with a quick asset check we can.determine whether that company is going.to have anything worth pursuing we can.review the the corporate entity and the.individuals I mean see if there's any.property owned obviously our tractors.and trailers are can be very expensive.so if we see a trucking company that has.eight or nine tractors or trailers are.still in operation and you let's say you.have $100,000 MCs 90 reimbursement claim.that's something that's absolutely worth.pursuit in the same light usually if we.review those issues and find the.company's been out of business for four.years three years the company only had.two trucks to begin with one of them was.Lee's done not so much so the answer is.always pursue these claims have a system.set up through the carrier to do so but.that doesn't always mean that you're.going to pursue every claim to the.fullest extent we should have time for.one more question.we have Marc in Wisconsin Marc says I.have experience asserting claims against.trucking companies across the country I.have noticed that many adverse adjusters.and even their attorneys have no idea.how the endorsement works do you have.similar experience with under-informed.parties yes oftentimes we see that.insurance carrier the adjusters for the.actual insurance carrier who has the MC.has 90 endorsement either doesn't.understand how the endorsement works or.applies.or just doesn't see coverage I don't.know if that's based upon the fact that.it's usually purposeful or if it's just.that they don't have these claims.brought against them as often as they.should due to the lack of knowledge on.the other side but in the end we see it.all the time and that's why I suggest.all adjusters who handle auto claims to.take the time to listen to these.presentations to research these issues.and also just have to gather some sort.of standard memo outlining what MCS 90.claims are and how it applies the.language is always the same in almost.every policy so it should be very easy.to have standard foreign language and.that is all the time we have for today.um thank you all for attending if you.submitted a question and we haven't.gotten to it I will be certain to get.back in touch with you within the next.day or two and feel free if any issues.come up if you ever have any questions.give me a call send me an email I'm more.than happy to be a resource to you thank.you all very much for attending and this.is the end of our presentation today.subrogation magic creating something out.of nothing.MCS 90 claims and endorsement thank you.

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Mcs 90 Form FAQs

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As with many things in life, the key to effective studying is to work smarter, not harder. By practising these six proven study habits, you can not only increase your productivity, but also make the experience of studying easier and less stressful. Create Your Space Designate a space that is specifically for studying, so that when you settle down in that place your brain automatically goes into ‘study-mode’. The space should be comfortable and have facilities that allow you to sit (or stand) with good posture. Make sure you have everything you need but keep your desk tidy, as unnecessary clutter Continue Reading

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