MOTOR CARRIER PROFILING:
Þ Financials
Overview of the importance of financials when underwriting a motor carrier;
how to obtain a company’s financial rating.
Þ Federal
Filings
The potential exposure from problematic filings and how to detect and
correct them.
Þ Safety
Reports
Overview of the importance of safety statistics and details, including the
use of OOS and hazmat violations, inspections and accidents.
Þ Claims
Handling
Use of Safety and Financial analysis and reports when handling a claim.
AUTOMOBILE LIABILITY TOPICS:
Þ Regulation
Of Commercial Vehicles and Identifying The Players
Description of the
function of the agencies that regulate commercial vehicle operations; review
and analysis of statutes and regulations that impact upon interstate and
intrastate use of commercial vehicles; analysis of the role and
responsibilities of motor carriers, owners, lessees and brokers; review of
the paper trail.
Þ Liability
Of Motor Carriers
Analysis of the
liability that is imposed upon carriers, drivers and owners by state and
federal regulations; “hands-on” analysis of the meaning and effect on motor
carrier liability of leases, driver applications, bills of lading, drug
tests.
Þ Insurance
Policies
Review of the major
insurance policy forms including Business Auto Form, Motor Carrier Form,
Truckers Form and General Liability Form.
Þ Scope
of Coverage
Analysis of “who is an
insured”, what is a covered auto, and what is an insurable event.
Þ Policy
Exclusions
Analysis of policy
exclusions including intentional acts, pollution, employee,
co-employee and excluded drivers.
Þ Governmental
and Other Endorsements
Review of regulatory
agency endorsements including MCS-90, BMC-91X, Form E, Form F and UIIE;
review of other endorsements and coverages including uninsured motorist
coverage, PIP, no-fault, non-trucking use, additional insured lessee and
lessor endorsements.
Þ Primary/Excess
Analysis of policy
primary/excess provisions, the effect of regulatory endorsements and state
statutes on primacy of coverage, and excess and umbrella forms.
Þ Protecting
The Insurer's Interest
Drafting of declination
letters, drafting of reservation of rights letters, late reporting, bad
faith.
CARGO/WAREHOUSE
LIABILITY TOPICS
:
Þ How
The Trucking Industry Operates
Description of functions of common and contract carriers, brokers and
freight forwarders; use of leased vehicles and drivers; description of
federal and state regulations.
Þ How
To Use the Paper Trail To Determine Insured's Liability
Description of bills of lading, contracts of carriage, vehicle leases,
shipping receipts, freight bills, brokerage agreements, carrier authorities
and tariffs.
Þ How
Statutes and Regulations Affect Insured's Liability
Description and analysis of federal motor carrier laws and regulations, the
Carmack Amendment, leasing regulations, contract carrier regulations,
unregulated transportation and state laws.
Þ Liability
of Carriers and Transportation Intermediaries
Common and contract carrier liability; household goods carrier liability;
warehousemen's liability; liability for delay, consequential damages and
deceptive trade practices; measure of damages.
Þ Carrier
Defenses
Goods in transit; act or default of the shipper; limitation of liability;
concealed damage.
Þ Insurance
Coverage
Common policy terms; refrigeration, locked truck and unattended vehicle
warranties; reservation of rights; presentation of claims; declination of
claims; duty to defend; late reporting; bad faith problems.
Þ Governmental
Endorsements
BMC-32 endorsements, state filings and MTMC certificates.
Þ Warehouse
Legal Liability
Common law liability; warehouse receipts and their terms and conditions;
liability assumed under contract, damages; reasonable care requirements.
Þ Third
Party Logistics
Current trends in the use of outsource agencies for warehousing,
distribution, consolidation and processing; liability of logistic
operations.