Trucking Accident Cases and Insurance Coverage Complexities: Guidance for Personal Injury Counsel and Industry Professionals
Minimum Insurance Requirements, Applicable Coverages, Impact of Written Lease Agreements, and More
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Thursday, June 6, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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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.
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.
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.
When pursuing or defending trucking injury claims, personal injury counsel and industry professionals 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 and claims professionals 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 and claims professionals 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.
- Minimum coverage requirements for motor carriers
- The MCS-90 endorsement
- Evaluating coverages that may apply
- Special situations: impact on coverage
- Employee vs. independent contractor
- Lessor-lessee issues
- Trends in insurance coverage for trucking accident cases
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
