What it does
The business auto and motor carrier forms contain a pollution exclusion that, among other things, removes coverage for pollutants being transported or handled by a covered auto. CA 99 48 changes that:
ISO's 2026 multistate forms revision (CA-2026-OFR26) introduces a 09 27 edition of this form, approved for policies effective on or after September 1, 2027 in states where it has been adopted; the prior edition remains in use until then and in states that have not adopted the revision.
- The first part of the pollution exclusion (pollutants being transported or handled) applies only to liability assumed under a contract or agreement.
- The Care, Custody Or Control exclusion does not apply to the coverage this restores.
- "Covered pollution cost or expense" is redefined so cleanup demands and governmental suits are covered for pollutants in transit, but not for pollutants before they are moved into or onto the covered auto or after they are moved off it to final delivery, unless an accident away from the insured's premises upsets or overturns the container and causes the discharge.
Who needs it
Fuel and propane distributors, waste haulers, tankers, environmental contractors and any carrier hauling regulated materials. The Massachusetts residual market manual notes that when the MCS-90 is required, pollution liability coverage is required for the vehicles subject to the higher federal limits.
Quoting notes
Ask for commodity lists and quantities, tank sizes, routes and spill history. The auto dealers counterpart is CA 99 55. Massachusetts residual market risks use MM 99 55.
