ANNUAL SEMINAR

Two-Day Intensive Program:

Legal Aspects of Automobile Liability and Cargo Liability Claims for Insurance Claims Supervisors

Periodically we hold this 2-day seminar. Currently there is no seminar scheduled but you can contact us if you want to be informed when the next one is scheduled.

If you have any questions, please contact Blima Levine at (212) 563-1710, ext. 217 or send an e-mail.

This is what we have covered in our past seminars:


ABOUT THE SEMINAR 

  
 

MOTOR CARRIER PROFILING: 

̃ Financials
Overview of the importance of financials when underwriting a motor carrier; how to obtain a company’s financial rating.
 

̃ Federal Filings
The potential exposure from problematic filings and how to detect and correct them.
 

̃ Safety Reports
Overview of the importance of safety statistics and details, including the use of OOS and hazmat violations, inspections and accidents.
 

̃ Claims Handling
Use of Safety and Financial analysis and reports when handling a claim.


AUTOMOBILE LIABILITY TOPICS: 

̃ 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. 

̃ 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. 

̃ Insurance Policies
Review of the major insurance policy forms including Business Auto Form, Motor Carrier Form, Truckers Form and General Liability Form. 

̃ Scope of Coverage
Analysis of “who is an insured”, what is a covered auto, and what is an insurable event. 

̃ Policy Exclusions
Analysis of policy exclusions including intentional acts, pollution, employee,
co-employee and excluded drivers.
 

̃ 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. 

̃ 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. 

̃ Protecting The Insurer's Interest
Drafting of declination letters, drafting of reservation of rights letters, late reporting, bad faith.


CARGO/WAREHOUSE LIABILITY TOPICS
:

̃ 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. 

̃ 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. 

̃ 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. 

̃ 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. 

̃ Carrier Defenses
Goods in transit; act or default of the shipper; limitation of liability; concealed damage. 

̃ 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. 

̃ Governmental Endorsements
BMC-32 endorsements, state filings and MTMC certificates. 

̃ Warehouse Legal Liability
Common law liability; warehouse receipts and their terms and conditions; liability assumed under contract, damages; reasonable care requirements. 

̃ Third Party Logistics
Current trends in the use of outsource agencies for warehousing, distribution, consolidation and processing; liability of logistic operations.

Copyright 2011, Schindel, Farman, Lipsius, Gardiner & Rabinovich LLP