A California trucking company operates under a Motor Carrier Policy. The company hires an owner-operator under a written lease agreement that meets federal truck-leasing regulations and does not require the owner-operator to hold the company harmless. The owner-operator causes an accident while hauling the company's trailer under the company's operating authority. Which statement is true regarding liability coverage?
Correct
The answer is C: The motor carrier's policy provides primary liability coverage
Under the ISO Motor Carrier Coverage Form (CA 00 20), the carrier's liability coverage for a covered auto it hires from another motor carrier and uses exclusively in its for-hire business is primary when the lease does not require the lessor to hold the carrier harmless, and a trailer connected to a covered power unit is covered on the same primary or excess basis as that power unit. Federal leasing rules point the same way: the lease must give the carrier exclusive possession, control and use of the equipment and complete responsibility for its operation (49 CFR 376.12(c)(1)), and must state the carrier's legal obligation to carry insurance that protects the public (376.12(j)(1)). Independent-contractor status is left unchanged by those rules (376.12(c)(4)), so it does not remove coverage. The owner-operator's own policy is not the first layer, and the loss is not split equally between the two policies.
Why not ?
Source: 49 CFR 376.12
Show the answer
The answer is C: The motor carrier's policy provides primary liability coverage
Under the ISO Motor Carrier Coverage Form (CA 00 20), the carrier's liability coverage for a covered auto it hires from another motor carrier and uses exclusively in its for-hire business is primary when the lease does not require the lessor to hold the carrier harmless, and a trailer connected to a covered power unit is covered on the same primary or excess basis as that power unit. Federal leasing rules point the same way: the lease must give the carrier exclusive possession, control and use of the equipment and complete responsibility for its operation (49 CFR 376.12(c)(1)), and must state the carrier's legal obligation to carry insurance that protects the public (376.12(j)(1)). Independent-contractor status is left unchanged by those rules (376.12(c)(4)), so it does not remove coverage. The owner-operator's own policy is not the first layer, and the loss is not split equally between the two policies.
Source: 49 CFR 376.12