The Commissioner of Insurance, by Commissioner's Order No. 02-0770, has adopted amendments to TE 23 17, “Truckers - Intermodal Interchange Endorsement (Form UIIE-1)” in the Texas Automobile Rules and Rating Manual (the Manual).
Endorsement TE 23 17 is revised and renamed as “TE 23 17A, Truckers Uniform Intermodal Interchange Endorsement (IANA Form UIIE-1).” Several editorial changes are made, but the substantive change modifies and clarifies what the Motor Carrier's responsibilities are in regard to third party liability. Under the current endorsement, the "User" (Motor Carrier), “while in possession of interchange equipment, releases and agrees to defend, indemnify and hold harmless the Owner...” from loss arising out of the use of that equipment, “except loss or damage to such interchange equipment, or cargo being transported therein or cargo being loaded or unloaded or held at terminal or transit points incident to transportation.”
The amendment removes the exception from liability set forth in the above provision, and the Motor Carrier accessing the premises of an intermodal facility for the purpose of picking up or dropping off intermodal equipment would assume the liability for its own activity at the time it enters the facility property. That liability time frame would be for “the Motor Carrier's: Use or maintenance of the equipment during an interchange period; the performance of this Agreement; and/or presence on the Facility Operator's premises.”
The amendments were adopted to become effective September 8, 2002, which is 30 days after publication of the Commissioner's action in the Texas Register.
A copy of the Order is available on our web site at: www.tdi.state.tx.us/orders/co020770.html
Questions regarding this bulletin may be directed to Grover Corum, Manager, Automobile/Homeowners Division at 512-322-3430 or Grover.Corum@tdi.state.tx.us.
Marilyn Hamilton, Associate Commissioner
Property & Casualty Program MC 104-PC