That’s a great question, and it’s a common misconception that the MCS-90 endorsement fully covers pollution-related incidents. While the federal government requires the MCS-90 for trucking operations, it does not function as a traditional pollution liability policy. Here’s why contractors and truckers should still consider dedicated pollution coverage:

Why Pollution Coverage Matters

  1. MCS-90 Is Not Insurance – The MCS-90 is a financial responsibility endorsement designed to guarantee that motor carriers pay for environmental damage caused by their negligence. However, it does not provide actual insurance coverage, and trucking companies must reimburse any claims paid under it.
  2. Contractors Face Hidden Pollution Risks – Even if you don’t handle hazardous materials daily, pollution incidents can still occur:
  3. Fuel Spills on Job Sites: Leaking diesel from construction equipment or trucks can trigger cleanup requirements.
  4. Disturbed Soil Contamination: Excavation or demolition work could release pollutants from old industrial sites.
  5. Runoff Issues: Improper disposal of paints, sealants, or wastewater could violate environmental regulations.
  6. Subcontractor Liability: If a subcontractor working under your supervision causes pollution, you could be held responsible.
  7. Trucking Risks Go Beyond MCS-90 – Truckers hauling regular cargo (not just hazardous materials) can still encounter pollution-related liability:
    • Accidental spills of fuel, coolant, or transported goods (even non-hazardous ones) can lead to cleanup costs.
      • Leaking tanks or improper disposal of waste can result in environmental damage claims.
      • Many states have stricter environmental regulations beyond federal MCS-90 requirements.

Pollution Claims Are Expensive – Environmental cleanup costs can run hundreds of thousands—even millions—of dollars. Without proper pollution liability coverage, you could be forced to pay out of pocket.

General Liability Insurance May Exclude Pollution – Standard contractor or trucking liability policies often exclude environmental damage, meaning only a pollution policy can provide proper coverage.

Final Thought

If you’re relying solely on the MCS-90 or assuming pollution risks don’t apply to your operations, you could be leaving your business exposed to major financial liability. A tailored pollution liability policy ensures that cleanup costs, legal fees, and regulatory fines don’t cripple your business unexpectedly.

At Anastasi Insurance, we help contractors and truckers understand the real risks and secure coverage that truly protects their operations. The best way to stay ahead? Plan for the unexpected. Want to explore your options? Let’s find a coverage plan that fits. about environmental insurance and its benefits!