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A broker sent me a carrier agreement. What insurance does it actually require?

Updated . Sources for every claim are listed at the end.

The short version

  • A broker-carrier agreement usually requires auto liability above the $750,000 federal minimum, a stated motor truck cargo limit, and sometimes general liability, trailer interchange and reefer breakdown.
  • Federal rules require cargo insurance only for household goods carriers, so the cargo limit in a broker agreement is a contract requirement, not a legal one.
  • The clauses that cause trouble are rarely the limits: they are the cargo exclusions, the scheduled-auto wording, and indemnity language your policy does not respond to.
  • Read the agreement against your actual declarations and cargo form before you sign, because the onboarding platform will check your certificate long before anyone reads your policy.
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What a broker-carrier agreement is doing

A broker, under federal rules, is someone who "for compensation, arranges, or offers to arrange, the transportation of property" by an authorized motor carrier (49 CFR 371.2). The broker does not haul the freight. You do. The carrier agreement is how the broker pushes the risk of the load onto the party that actually controls the truck.

Most agreements do the same four things, in roughly this order:

  1. Confirm you are a real, authorized carrier. Active authority, a satisfactory or unrated safety record, a current BOC-3 and an insurance filing on record with FMCSA.
  2. Set insurance minimums for auto liability, cargo and sometimes general liability, workers comp, trailer interchange and reefer breakdown.
  3. Shift liability through an indemnity clause, a cargo liability clause (often written to the full value of the load), and sometimes a double-brokering prohibition.
  4. Control the paperwork: who gets a certificate, how fast you must report a claim, and what happens if your policy cancels.

The insurance section and the liability section work together. If the agreement makes you liable for the full value of the load but your cargo policy pays only a set limit, the difference is your money. That is why a broker-carrier agreement deserves a careful read even when the limits look routine. If you want a fast first pass, the broker agreement decoder flags the insurance clauses that most often cause trouble.

The insurance section, line by line

Wording differs from broker to broker, but the requirements tend to fall into the same buckets.

Auto liability

The federal minimum for for-hire carriers of non-hazardous property in vehicles of 10,001 pounds or more is $750,000 (49 CFR 387.9). Many broker agreements ask for $1,000,000, which is why most trucking policies are written at that limit. See why brokers ask for $1 million. Watch for wording like "any auto" or "covering all units dispatched under this Agreement." If your policy is written on scheduled autos, a unit you forgot to add is not covered, no matter what the certificate says. More in scheduled auto vs any auto.

Motor truck cargo

Federal rules require cargo security only for household goods carriers (49 CFR 387.301). For general freight, the cargo requirement is purely contractual, so the agreement sets the number. The bigger issue is not the limit, it is what the cargo form excludes: unattended vehicles, theft without forced entry, specific commodities, and refrigeration breakdown. See how much cargo insurance brokers require.

General liability

Some agreements require it, especially when loads involve pickups or deliveries at shipper facilities. Truckers general liability covers premises and operations exposures that the auto policy does not.

Trailer interchange and non-owned trailers

If you pull trailers you do not own under an interchange agreement, the broker or shipper may require trailer interchange coverage for physical damage to that trailer.

Reefer breakdown

For temperature-controlled freight, many agreements require that cargo coverage include spoilage from refrigeration unit failure. Standard cargo forms often exclude or limit it unless reefer breakdown coverage is added.

Workers compensation

Texas lets most private employers choose whether to carry workers comp, but a broker can still require it by contract. See trucking workers comp in Texas.

Where cargo coverage commonly falls short

Common motor truck cargo exclusions and conditionsA loaded refrigerated truck surrounded by seven common cargo gaps. Exclusions: commodity exclusions or sublimits such as electronics, alcohol, tobacco and pharmaceuticals; theft from an unattended vehicle; reefer breakdown spoilage unless endorsed. Conditions and limits: theft conditions such as locks, alarms or secured parking; coverage only on scheduled vehicles; whether the limit applies per vehicle, per load or per occurrence; and the deductible.THE LOADCommodity exclusionsSome goods excluded orsublimited, e.g. electronics,alcohol, tobacco, pharmaUnattended vehicleTheft from an unattendedtruck may be excluded orlimited to set conditionsTheft conditionsLocks, alarms or securedparking may be requiredfor theft to be coveredScheduled vehicles onlyA truck or trailer not onthe schedule may have nocargo coverage at allReefer breakdownSpoilage from unit failureis often excluded unlessadded by endorsementPer vehicle vs per loadCheck whether the limitapplies per vehicle, perload or per occurrenceDeductiblePaid first, by you, onevery cargo claim; checkit against the agreementExclusionCondition or limitCommodity examples are generic;each form has its own list.
Motor truck cargo policies are not standardized: each carrier writes its own form, so these are common patterns, not a description of any one policy. Read the exclusions, the theft and unattended-vehicle conditions, the commodity list and the limit wording on your own form, and compare them to what the broker-carrier agreement asks for.

Agreement clause vs. what your policy has to show

This is the comparison to do before you sign. The left column is the language you will see. The right column is what has to be true in your policy, not just on your certificate.

Common broker agreement insurance clauses and what to check
Clause in the agreementWhat to check in your policyCommon gap
Auto liability of a stated limit, "covering all units"Declarations limit; covered auto symbol or scheduleUnit added after binding was never scheduled
Cargo of a stated limit per loadCargo limit per vehicle and per occurrencePer-vehicle limit lower than the load value
Cargo "with no exclusions" or "all risk"Exclusions and conditions in the cargo formUnattended vehicle, theft, commodity exclusions
Reefer breakdown includedRefrigeration endorsement on the cargo formBreakdown excluded or sublimited
Trailer interchange of a stated limitTrailer interchange endorsementOnly owned trailers covered
Carrier liable for full value of the loadCargo limit vs. typical load valueLoad value exceeds the cargo limit
Notice to broker before cancellationWhether any endorsement gives the broker notice rightsCertificate alone cannot create notice rights in Texas
Broker named as additional insuredAdditional insured endorsement on the auto or GL policyBox checked on the certificate, no endorsement

Indemnity and liability clauses that the insurance does not cover

Most broker agreements include an indemnity clause that says, in some form, that the carrier will defend and hold the broker harmless from claims arising out of the carrier's performance. Your auto liability policy responds to bodily injury and property damage caused by an accident involving a covered auto. It may or may not respond to every obligation you agreed to in a contract, and broad indemnity language can reach further than your coverage.

Watch for three things:

  • Indemnity that covers the broker's own negligence. Whether a clause like that is enforceable, and whether your policy would pay for it, are separate questions. Have an attorney review the clause itself.
  • Cargo liability "to the full invoice value" or "replacement value" when your cargo limit is lower. The agreement does not raise your limit. It just makes you personally responsible for the gap.
  • Liquidated damages or fees for late delivery, service failures or double brokering. Insurance generally does not pay contract penalties.

We explain the insurance side. Where the question is what the contract means or whether a clause is enforceable, an attorney should review it.

What to do this week, before the first load

  1. Pull your declarations pages and your cargo form, not just a certificate. The certificate is a summary. In Texas, a certificate of insurance "is not a policy of insurance and does not amend, extend, or alter the coverage" of the policy (Tex. Ins. Code §1811.152).
  2. Match each insurance clause to a policy page. Use the table above. Mark anything you cannot find.
  3. Check your cargo exclusions against the freight you will haul for this broker. Commodity, reefer, unattended vehicle and theft conditions are where claims get denied.
  4. Confirm every unit you will dispatch is on the policy, if your auto liability is written on scheduled autos.
  5. Ask for the missing endorsements now, not after a load is booked. Additional insured, waiver of subrogation and primary and non-contributory wording all come by endorsement, not by checking a box.
  6. Send the agreement to an attorney if the indemnity or cargo liability language goes beyond what your policy covers.

If something does not line up, a policy review will tell you whether the fix is an endorsement, a higher limit, or a conversation with the broker.

A certificate cannot fix a coverage gap

Texas law says a certificate cannot give the holder rights beyond what the policy or an executed endorsement provides (Tex. Ins. Code §1811.153). If the broker needs to be an additional insured, the policy needs the endorsement.

Common questions

Do I legally need $1 million in auto liability to haul for a broker?

Federal law sets $750,000 as the minimum for for-hire carriers of non-hazardous property in vehicles of 10,001 pounds or more (49 CFR 387.9). Higher amounts apply to certain hazardous materials. A broker can require more by contract, and many do, but that is a contract term, not a federal requirement.

Is cargo insurance required by law for general freight?

Not federally. FMCSA cargo security requirements apply to household goods carriers (49 CFR 387.301), and TxDMV requires cargo coverage for intrastate household goods movers. For general freight, cargo insurance is a requirement of the broker or shipper contract.

Can I sign the agreement and fix the insurance later?

You can, but it is risky. Many agreements say you represent that your insurance already complies. If a loss happens before the fix, you may owe the broker the difference out of pocket. It is better to compare the agreement to your policy before you sign.

The broker wants 30 days notice of cancellation. Can my agent put that on the certificate?

Not in a way that creates the right. Under Tex. Ins. Code §1811.155, a person has a right to notice of cancellation only if they are named in the policy or an endorsement and the policy, endorsement or a law requires notice. A certificate cannot change that. Some policies can be endorsed to provide notice to a scheduled party.

Why does the agreement care about my safety rating and CSA scores?

Brokers check whether a carrier is authorized and how its safety record looks before tendering freight. FMCSA publishes a company snapshot on SAFER that includes the safety rating, inspection out-of-service summary and crash information. See how CSA scores affect truck insurance.

Sources

  1. 49 CFR 371.2, Definitions (broker). Federal definition of a broker.
  2. 49 CFR 387.9, Financial responsibility, minimum levels. Federal minimum liability levels, including $750,000 for non-hazardous for-hire property.
  3. 49 CFR 387.301, Surety bond, certificate of insurance, or other securities. Federal cargo security applies to household goods carriers.
  4. Tex. Ins. Code ch. 1811, Certificates of Insurance. Certificates cannot amend coverage, confer new rights, or create notice rights (§§1811.152 to 1811.155).
  5. IRMI glossary: Primary and noncontributory. Meaning of primary and noncontributory.
  6. FMCSA SAFER: Company Snapshot. Public company snapshot brokers use to check carriers.

This page explains insurance, not law. Have your attorney review indemnity and contract language; our job is making the insurance match it.

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