In many car accident cases, injured people suffer and are not compensated for their injuries because the negligent driver does not fulfill some condition of the insurance policy (contract). Injury attorneys are constantly concerned that the at-fault driver's insurance company will be able to avoid compensating injured people as a result of some alleged violation of the contract.
HOWEVER, IN TRUCKING ACCIDENT CASES, INSURANCE POLICY CONDITIONS CANNOT BE USED TO DEFEAT COVERAGE FOR INJURED PEOPLE.
The Endorsement for Motor Carrier Policies of Insurance for Public Liabilityunder Sections 29 and 30 of the Motor Carrier Act of 1980 (FORM MCS-90) mandates that coverage cannot be eliminated by the failure of the insured to comply with conditions of the insurance contract:
It is understood and agreed that no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured.
If you have been injured in a car accident, contact The Sessions Law Firm today for a free consultation.