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CO-02-0770 Endorsements for Truckers Intermodal Interchange

TEXAS DEPARTMENT OF INSURANCE
EXEMPT FILING NOTIFICATION PURSUANT TO THE INSURANCE CODE
CHAPTER 5, SUBCHAPTER L, ARTICLE 5.96

ADOPTION OF AMENDMENTS TO TE 23 17, "TRUCKERS - INTERMODAL INTERCHANGE ENDORSEMENT (FORM UIIE-1)" IN THE TEXAS AUTOMOBILE RULES AND RATING MANUAL

The Commissioner of Insurance adopted amendments proposed by Staff to TE 23 17, "Truckers - Intermodal Interchange Endorsement (Form UIIE-1) in the Texas Automobile Rules and Rating Manual (the Manual). Staff's petition (Ref. A-0602-21-I) was published in the June 21, 2002 issue of the Texas Register (27 TexReg 5559).

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 Manual's current Endorsement TE 23 17 is worded to conform to Form UIIE-1, which was developed by the Intermodal Transportation Association, which is now the Intermodal Association of North America (IANA). The new Endorsement TE 23 17A will conform to IANA Form UIIE-1, which is designed to replace Form UIIE-1. The letters "UIIE" refer to a Truckers Uniform Intermodal Interchange Endorsement.

IANA administers the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA) that was revised effective September 1, 2000. According to IANA this standard contract is applicable generally between approximately 5,100 truckers/draymen and approximately 55 ocean and rail carriers, and it sets forth responsibilities of both the providing carrier of equipment and the receiving carrier of that equipment. Although the Department does not approve the agreement (UIIA), that document is referenced in proposed TE 23 17A in a similar manner to current TE 23 17's references to the predecessor agreement, Uniform Intermodal Interchange Contract (UIIC-1).

The amendments as adopted by the Commissioner of Insurance are shown in exhibits on file with the Chief Clerk under Ref. No. A-0602-21-I, which are incorporated by reference into Commissioner's Order No. 02-0770.

The Commissioner of Insurance has jurisdiction over this matter pursuant to Insurance Code Articles 5.06, 5.10, 5.96, and 5.98.

This notification is made pursuant to Insurance Code Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

Consistent with Insurance Code Article 5.96(h), the Department will notify all insurers writing automobile insurance of this adoption by letter summarizing the Commissioner's action.

IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the Manual is amended as described herein, and the amendments are adopted to become effective on the 30 th day after publication of the notification of the Commissioner's action in the Texas Register.

Texas Department of Insurance
Created/Updated 8-13-2002


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Last updated: 09/06/2014

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