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.

IssueCA 99 481CERC2
Bodily Injury from pollutionTrigger for Coverage3Covered
Property Damage from pollutionTrigger for Coverage3Covered
Cleanup CostsTrigger for Coverage3,4,5Covered
Third party transportation liabilityMay Not Covered Covered
LoadingMay Not Covered Covered
UnloadingMay Not Covered Covered
TrailersTrigger for Coverage3,6Covered
Emergency Response CostsNot Covered Covered
Coverage While ParkedNot 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 table. 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.