9.5 Garage and Truckers Coverage Forms
Key Takeaways
- The Garage Coverage Form (now the Auto Dealers Coverage Form, CA 00 25) bundles auto AND premises/operations liability for dealers, repair shops, and service stations into one form.
- Garagekeepers coverage is BAILEE coverage for customers' autos in the insured's care and comes in three options: legal liability (negligence required), direct primary, and direct excess.
- The Truckers and Motor Carrier Coverage Forms serve trucking risks; the Motor Carrier Form (CA 00 12) added trailer-interchange and is used by carriers needing federal filings.
- The MCS-90 endorsement is a federal financial-responsibility endorsement that guarantees payment to the injured public — FMCSA minimums are $750,000 for non-hazardous freight and $1,000,000 to $5,000,000 for hazardous materials.
- Trailer interchange coverage insures the insured's legal liability for physical damage to NON-OWNED trailers held under a written interchange agreement.
The Garage / Auto Dealers Form
The Garage Coverage Form insures businesses whose core operation is autos — and combines coverages a standard BAP and a separate general liability policy would otherwise split. ISO modernized the dealer market with the Auto Dealers Coverage Form (CA 00 25) for franchised and used-car dealers; smaller non-dealer auto risks (repair shops, service stations) are handled on the business auto/garage approach. The defining feature is that a single form provides both auto liability and premises/operations (general) liability.
| Business Type | Examples |
|---|---|
| Auto dealers | New/used dealerships |
| Repair/body shops | Mechanics, collision centers |
| Service stations | Fuel + service bays |
| Storage garages & parking | Valet, parking structures |
What the Form Bundles
| Component | Covers |
|---|---|
| Covered Autos Liability | BI/PD from the insured's autos |
| General (premises/operations) Liability | Slip-and-fall, completed work on customer autos |
| Garagekeepers | Customers' autos in the insured's care |
| Physical Damage | The insured's own autos and dealer inventory |
Garagekeepers — Bailee Coverage for Customer Cars
When a shop takes custody of a customer's vehicle, it becomes a bailee. Garagekeepers coverage pays for damage to those customer autos from covered causes — fire, theft, vandalism, collision, and other perils — while in the insured's care. It comes in three flavors:
| Option | When It Pays | Trade-Off |
|---|---|---|
| Legal Liability | Only if the insured is legally liable (negligent) | Cheapest; disputes over fault |
| Direct Primary | For any covered loss, regardless of fault | Highest premium; best customer relations |
| Direct Excess | For any covered loss, but only after the customer's own auto insurance | Middle ground |
Exam point: Under legal liability, if a customer's car is stolen with no negligence by the shop, there is no payment. Under direct primary, the shop's policy pays first even without fault — the reason busy dealerships prefer it.
Truckers and Motor Carrier Forms
Long-haul and for-hire trucking risks use trucking-specific forms. The Truckers Coverage Form was the original; ISO's Motor Carrier Coverage Form (CA 00 12) is now the common choice because it suits both private and for-hire carriers and incorporates trailer-interchange handling.
| Feature | Trucking Forms | Standard BAP |
|---|---|---|
| Target market | For-hire & private carriers | General commercial |
| Trailer interchange | Built-in provisions | Not addressed |
| MCS-90 capability | Yes (federal filings) | Generally no |
| Cargo | Endorsement/separate | Separate policy |
Trailer Interchange
Carriers swap trailers under written interchange agreements. Trailer interchange coverage insures the insured's legal liability for physical damage to a non-owned trailer in its possession under such an agreement (comprehensive, specified causes, or collision can apply). It does NOT cover owned trailers — those are covered as autos.
Federal Financial Responsibility — the MCS-90
Interstate for-hire carriers must prove financial responsibility under 49 CFR Part 387. The MCS-90 endorsement is attached to the auto liability policy and acts as a surety-like guarantee: the insurer will pay a judgment to a member of the injured public even if the specific loss would otherwise be excluded or uncovered — though the insurer can then seek reimbursement from the insured.
| Cargo Hauled | FMCSA Minimum Public Liability |
|---|---|
| Non-hazardous property (most freight) | $750,000 |
| Oil/certain hazardous substances | $1,000,000 |
| Hazardous materials / explosives | $5,000,000 |
The BMC-91 / BMC-91X is the FMCSA filing that evidences this coverage (a surety bond, BMC-85, is the alternative). The MCS-90 protects the public, NOT the insured's own cargo or property — those still require cargo/physical-damage coverage.
Exam Cheat Sheet
- Garage/Auto Dealers form = auto liability + premises/operations in one form.
- Garagekeepers = bailee coverage; three options — legal liability, direct primary, direct excess.
- Trailer interchange = non-owned trailers under written agreement only.
- MCS-90 = guarantees payment to the injured public; $750K / $1M / $5M tiers.
- Cargo is never covered by liability or the MCS-90 — buy motor truck cargo.
Garagekeepers: a Closer Worked Example
A detail shop holds eight customer cars overnight. A fire (no negligence by the shop) destroys three of them.
| Garagekeepers Basis | Result |
|---|---|
| Legal Liability | Pays nothing — the shop was not negligent, so no legal liability attaches |
| Direct Primary | Pays for all three cars (subject to limit/deductible) regardless of fault |
| Direct Excess | Pays only the amount each customer's own auto policy does not |
This is why high-volume dealers and valet operations almost always buy direct primary — it protects the customer relationship even when the business did nothing wrong.
Motor Truck Cargo — the Missing Piece
Neither liability, the MCS-90, nor garagekeepers insures freight the carrier is hauling for others. Motor truck cargo coverage (an inland marine line) insures the carrier's legal liability for loss to the property of others in transit. It is rated by commodity and limit per vehicle and is required by many shippers and brokers before a load is tendered. The exam pairs this with the care-custody-control exclusion: liability excludes cargo; cargo coverage fills the gap.
Form Selection Decision Table
| Risk | Right Form |
|---|---|
| Plumber with two service vans | Business Auto (CA 00 01) |
| Franchised new-car dealership | Auto Dealers (CA 00 25) |
| Independent repair garage taking customer cars | Garage/Business Auto + Garagekeepers |
| Interstate for-hire carrier needing FMCSA filing | Motor Carrier (CA 00 12) + MCS-90 |
| Carrier swapping trailers under written agreements | Motor Carrier with trailer interchange |
Common Federal-Filing Confusions
- The MCS-90 protects the public, not the insured — and the insurer can recover from the insured what it pays under it.
- Intrastate carriers follow state minimums, which may differ from the federal $750K/$1M/$5M tiers.
- A BMC-91/BMC-91X is the FMCSA filing evidencing public-liability coverage; BMC-34/BMC-83 relate to cargo filings for household-goods and certain carriers.
A customer's car is stolen from a repair shop's lot. The shop carries Garagekeepers on the Direct Primary basis. How does coverage respond?
An interstate carrier hauling ordinary (non-hazardous) freight must carry what minimum public-liability limit under FMCSA rules, evidenced by the MCS-90?
Trailer interchange coverage on a Motor Carrier Coverage Form insures which of the following?