The United States Court of Appeals for the Eighth Circuit confronted a case of first impression and decided that the MCS-90 endorsement for motor carriers requires a tortfeasor’s insurer to compensate an injured party even if the injured party has already been compensated by its own insurer. More to the point, the Eighth Circuit allowed a subrogor to pursue relief against a tortfeasor’s insurer in accordance with the MCS-90 endorsement.
As background, a semi-tractor and trailer operated by Yelder collided with a Tri-National truck, causing …
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