Trucking Accident Cases and Insurance Coverage Complexities: Guidance for Personal Injury Counsel

Minimum Insurance Requirements, Applicable Coverages, Impact of Written Lease Agreements and More

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, July 12, 2017
Recorded event now available


This CLE webinar will examine the unique insurance coverage issues in trucking accident cases, including federally mandated minimum insurance requirements and endorsements for trucking companies, how to determine applicable insurance coverage, the impact of a truck driver’s classification as an employee or an independent contractor on liability and coverage, and the impact of owner-operator written lease agreements on coverage.

Description

When pursuing or defending trucking injury claims, personal injury counsel must become familiar with a number of unique insurance coverage issues. Federal regulations require motor carriers to purchase, at a minimum, a $750,000 insurance policy or surety bond. When trucks transport hazardous materials, the minimum insurance coverage requirement significantly increases. In addition, insurance policies must include the MCS-90 endorsement.

Counsel must understand the different types of coverage that may apply in each case, from trucking to cargo to CGL or a combination of coverages; the various parties to the insurance coverage, including the trucking company, owner-operator, lessors, lessees and assignees; and how to evaluate the myriad documents that make up the complete policies.

In addition, counsel must be prepared for situations in which a truck driver’s status as an independent contractor rather than an employee impacts insurance coverage, as well as the impact of written lease agreements between owner-operators and trucking companies on insurance coverage.

Listen as our authoritative panel provides their insights on unique insurance coverage issues in trucking accident cases and what personal injury counsel need to know to maximize insurance coverage for victims or to defend insurance coverage claims.

Outline

  1. Minimum coverage requirements for motor carriers
  2. The MCS-90 endorsement
  3. Evaluating coverages that may apply
  4. Special situations—impact on coverage
    1. Employee vs. independent contractor
    2. Lessor-lessee issues
  5. Trends in insurance coverage for trucking accident cases

Benefits

The panel will review these and other key issues:

  • Minimum insurance requirements for motor carriers and the MCS-90 endorsement
  • Different types of policies that may provide coverage in trucking injury cases
  • Parties to the various insurance coverages
  • Situations in which coverage may be jeopardized

Faculty

Christine Anto, Partner
SmithAmundsen, Chicago

Ms. Anto practices in the firm’s insurance services and commercial transportation practice groups, concentrating on personal, commercial and professional lines of insurance, as well as extra-contractual/bad faith claims. She provides coverage opinions, negotiates coverage disputes and handles all aspects of litigation actions on behalf of insurance companies. She represents the interests of insurance companies, their employees and independent insurance agents. In the transportation industry Ms. Anto counsels trucking companies and their insurers in negotiating coverage issues and litigating declaratory judgment actions. 

Lew R.C. Bricker, Partner
SmithAmundsen, Chicago

As Chair of the firm’s commercial transportation group, Mr. Bricker oversees a team providing comprehensive litigation and transactional services to the transportation industry. He represents many clients in commercial and contract disputes and counsels clients on best risk mitigation practices, business structure, management and marketing practices in the transportation, retail and manufacturing industries. He also counsels clients on best practices for managing and litigating issues involving electronically stored information and e-discovery. His clients include motor carriers, logistics providers, product manufacturers, retailers, distributors and their insurers.

Peter Kestner, Atty
McEwen & Kestner, Inver Grove Heights, Minn.

Mr. Kestner has extensive experience with truck accident cases, both as a private attorney and representative for trucking insurers. Prior to founding his law firm, Mr. Kestner served for 10 years as a claims adjuster and litigation manager with one of the largest tractor trailer insurers in the U.S. He now uses this defense experience to represent individuals injured by the negligent acts of trucking companies. Mr. Kestner has also served as personal counsel to policyholders in disputes with their insurers as well as serving as an expert witness in insurance litigation matters. He sits on the Executive Committee of AAJ’s Interstate Trucking Litigation Group, he is the Amicus Committee Chair for AAJ’s Interstate Trucking Litigation Group and its Special Project Director.


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McKinney, Wainwright & Saul-Olson

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The Cannon Law Firm

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Duncan Firm

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Litigation Advisory Board

David R. Cohen

Partner

Reed Smith

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

FisherBroyles

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Stephen Paffrath

Associate

Greenberg Traurig

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

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