A standard motor truck cargo policy usually does not pay for a load that spoils because the reefer unit failed. Most cargo forms exclude temperature variation and refrigeration breakdown unless you add a reefer breakdown endorsement. Even with the endorsement, claims get denied when maintenance records, set points or temperature downloads are missing. If you haul perishables, the endorsement and the paperwork behind it matter as much as the policy limit.
Holiday freight season is when this gets expensive. Produce, protein and frozen loads stack up between Thanksgiving and New Year's, and a single failed unit can mean paying for an entire load. Here is how the coverage works and how to keep a claim payable.
Under the federal Carmack Amendment, an interstate motor carrier is liable for loss or damage to the freight it hauls. Perishables get no special break. In Missouri Pacific Railroad Co. v. Elmore & Stahl (1964), a case that came out of Texas, the U.S. Supreme Court held that a shipper makes its case by showing the goods were delivered to the carrier in good condition, arrived damaged and caused a measurable loss. The burden then shifts to the carrier to prove both that it was not negligent and that the damage came from a recognized exception, such as the inherent nature of the goods.
That is a tough burden for a carrier with a reefer that quit somewhere on I-10. Without good records, the carrier usually ends up paying.
Reefer breakdown coverage is usually added as an endorsement to a motor truck cargo policy. According to FreightWaves, it helps pay for spoiled temperature-sensitive cargo when the refrigeration unit suffers a sudden mechanical or electrical failure, and it can also respond when a covered accident causes loss of temperature control. Standard cargo policies generally cover risks like collision, fire and theft, but most exclude temperature variation or reefer malfunction. Many shippers and brokers require the endorsement in their contracts.
It is worth separating two terms you will see in quotes:
Even with the endorsement, adjusters look for proof that the failure was sudden and not normal wear and tear. Common exclusions and denial reasons include:
Missing or incomplete maintenance logs and temperature records are among the most common reasons reefer claims get denied. Some insurers ask to see maintenance documentation, such as monthly trailer inspection reports kept for at least a year, before or after a loss.
The FDA's Sanitary Transportation of Human and Animal Food rule also shapes what carriers have to document. When a written agreement makes the carrier responsible for sanitary conditions, 21 CFR 1.908(e) requires the carrier to:
The same records you need for FDA compliance are the records that make a cargo claim payable. A carrier that can download a continuous temperature history showing the unit held set point until a documented failure is in a far better spot than one relying on a driver's memory.
The first hour after an alarm often decides whether the claim gets paid. A few steps protect both the load and the file:
Handling it this way also helps your loss history. A documented, sudden failure that you mitigated looks very different to an underwriter at renewal than a pattern of warm loads and missing data.
If you also worry about loads disappearing rather than spoiling, read our post on how cargo theft claims get decided.
Usually not on its own. Most cargo forms exclude spoilage from temperature change or reefer failure unless you add a reefer breakdown endorsement or broader spoilage coverage.
Reefer breakdown pays when the refrigeration unit fails mechanically or electrically. Spoilage coverage is broader and can respond to spoilage from other causes. Read the policy wording, since programs vary.
The most common reasons are missing maintenance records, missing or inconsistent temperature data, operator error like a wrong set point or empty fuel tank, and a failure the adjuster considers wear and tear.
Under the Carmack Amendment the carrier is generally liable for cargo loss once the shipper shows the load was tendered in good condition and arrived damaged. Broker and shipper contracts can add requirements on top of that.
Donegan works with Texas motor carriers and owner-operators on cargo, auto liability and safety programs. If you haul refrigerated freight, we can review your cargo form, endorsements and recordkeeping before peak season. Learn more about our trucking and transportation insurance, request a quote or call 830-303-8300.
This article is general information, not legal advice. Coverage depends on the specific terms, conditions and exclusions of your policy.