CA 99 48: Broadened Pollution Coverage for Covered Autos

CA 99 48 broadens pollution protection in a Business Auto or Motor Carrier policy for certain accidents involving pollutants transported, towed, loaded, or unloaded by a covered auto. It changes the auto pollution exclusion and can include covered pollution cleanup cost or expense when its conditions are met.

It is not blanket environmental insurance, and it is not the same as the federal MCS-90 endorsement.

How does CA 99 48 change the pollution exclusion?

The 10 13 form limits one part of the auto pollution exclusion to liability assumed under a contract or agreement. It also creates a conditional exception for covered pollution cost or expense after an accident away from an insured's premises. A public City of Santa Ana policy record contains the endorsement and its two-part test.^[1]

Consider a covered truck hauling a container of material that qualifies as a pollutant. If a covered-auto accident overturns or damages the container and directly causes a release, the endorsement may respond to covered liability and cleanup expense. A leak unrelated to an upset, overturn, or damage does not satisfy that trigger merely because the pollutant was on the truck.

What remains outside the endorsement?

CA 99 48 does not cover every stage or consequence of environmental work. Coverage while material is stored at a facility, pollution unrelated to maintenance or use of a covered auto, contractual liability that exists only because the insured assumed it, and exposures beyond the covered pollution cost or expense definition require separate review.

Businesses hauling fuel, chemicals, waste, contaminated soil, or other regulated materials may need transportation pollution liability or contractors pollution liability in addition to the auto endorsement. The City of Santa Clara describes CA 99 48 as amending the standard auto pollution exclusion for pollutants transported, towed, loaded, or unloaded by a covered auto.^[2]

Is CA 99 48 the same as MCS-90?

No. MCS-90 is a federally prescribed endorsement used to satisfy motor-carrier financial responsibility requirements. FMCSA explains that it attaches to the motor carrier's liability policy and applies to vehicles subject to those requirements.^[3] CA 99 48 changes the insurance coverage, while MCS-90 contains a public-protection obligation and reimbursement provisions that can operate differently from policy coverage.

Contracts may require both. Confirm the exact forms rather than treating one as a substitute for the other.

This guide is for educational purposes and summarizes standard ISO policy language in original words. Menlo Insurance Services is not affiliated with Insurance Services Office, Inc. Your policy, auto symbols, limits, terms, and endorsements control. Talk to a licensed broker about your materials and routes.

The Bottom Line

CA 99 48 can broaden auto coverage for a pollutant release directly caused by a qualifying covered-auto accident. It does not erase every pollution exclusion or replace MCS-90 and broader environmental insurance.