WAJ Prevails on MCS-90 Issue in Coverage Appeal

In 2025, WAJ Attorney Dan Atkinson obtained summary judgment for an insurer seeking a finding of no coverage for a wrongful death claim, where the insurer received no notice of the wrongful death lawsuit prior entry of a multimillion-dollar default judgment against an insured driver.  The Decedent's Estate appealed, in part arguing that, despite any defenses to coverage the insurer may have possessed, an MCS-90 endorsement, required for certain interstate trucking entities, required satisfaction of a portion of the judgment.

Attorney Atkinson successfully litigated the appeal, arguing that MCS-90 endorsements provide protection to named insureds only, and that the named insured was not a party to the action, nor was it a judgment debtor in the case.  In a reported decision, the Fourth Circuit Court of Appeals affirmed the grant of summary judgment, ruling in part that MCS-90 endorsements provide coverage to named insureds only, and that the insurer owed no duties of indemnity for the multimillion-dollar judgment. The case is Cincinnati Ins. Co. v. Owens, 2026 U.S. App. LEXIS 24071, ___ F.4th ___ (4th Cir. 2026).