A standard commercial automobile insurance policy carries a pollution exclusion that leaves both the transporter and contents owner exposed to unnecessary risk, including costly cleanup expenses. To enhance their auto coverage, transporters often rely on the CA 99 48 endorsement to their auto policy for pollution liability coverage. This endorsement modifies the insurance provided under the Business Auto Coverage, Motor Carrier Coverage, and Truckers Coverage forms to cover cleanup costs; however, coverage for these costs can only be triggered by an accident, upset or overturn of a covered auto. There are other gaps in coverage that exposes the transporter and its customers to additional liability not covered with a CA 99 48 endorsement.

A Certified Environmentally Responsible Contractor (CERC) has secured an insurance policy that includes many coverages that are limited or excluded from an auto policy with only a CA 99 48 endorsement. The table below highlights common differences between a CA 99 48 endorsement and a qualifying CERC policy.

Issue CA 99 481 CERC2
Bodily Injury from pollution Trigger for Coverage3 Covered
Property Damage from pollution Trigger for Coverage3 Covered
Cleanup Costs Trigger for Coverage3,4,5 Covered
Third party transportation liability Not Covered Covered
Loading Not Covered Covered
Unloading Not Covered Covered
Trailers Trigger for Coverage3,6 Covered
Emergency Response Costs Not Covered Covered
Coverage While Parked Not Covered Covered7

Notes:

  1. CA 9948 is an endorsement available to automobile policies to broaden coverage for pollution liability.
  2. A Transportation Pollution Liability (TPL) insurance policy that includes the coverages listed in this able. A TPL can be put in place to supplement the auto policy and fill in gaps left by the CA 9948 endorsement.
  3. Must be caused by an accident and resulting from the ownership, maintenance or use of a covered auto. Other types of transit are not covered, including transloading.
  4. Must be at the demand of another entity.
  5. Does not cover self-initiated cleanup.
  6. Trailer must be listed on the business auto policy as a covered auto.
  7. Coverage requires a minimum of 48 hours.