We
are pleased to invite you to our annual two day transportation seminar—the
twenty-second
consecutive year we will present this challenging and stimulating program.
Attendees are offered the choice of attending either the commercial
automobile liability session or the cargo/warehouse liability session. The
commercial automobile session covers the central aspects of motor
carrier/trucker liability and commercial automobile coverage. The
cargo/warehouse session comprehensively addresses liability for loss or
damage to cargo, including the multitude of issues newly arising with the
increased importance of third party logistics companies. This session will
also focus on cargo, household goods and warehouse liability coverage. Both
programs are designed to provide increased knowledge to insurance company
claims supervisors and other claims personnel, as well as underwriters and
loss prevention personnel.
In addition, there will be separate sessions in each program which will aim
to introduce participants to some underutilized yet accessible tools which
can enable underwriters to more effectively underwrite motor carriers and
vastly improve their results, along with providing advanced information for
more in depth investigation during the claim process.
The faculty consists entirely of attorneys practicing
transportation/warehousing and insurance law, including Ira Lipsius, Ed
Farman, Jean Gardner, Larry Rabinovich, and Lorienton Palmer.
As always, in an attempt to permit discussion and participation,
registration will be limited to 55 participants. We have been
oversubscribed every year, so we recommend that you register as soon as you
can. Please mail or fax (212-695-6602) the enclosed seminar registration
form or register on our web site at www.sfl-legal.com.
The seminar will be held at the Crowne Plaza New York- La Guardia Conference
Center. We have made arrangements with the Crowne Plaza to provide hotel
rooms to our participants at the very low rate of $169 for a single or a
double room per night for Monday April 27th through Thursday April 30th,
and the rate of $139 from April 24th through the 26th.
Since we are sensitive to financial constraints that may be in place, we
have kept the tuition at last year’s level of $895. This includes printed
materials, breakfast, lunch and refreshments.
We offer continuing education credits for participants. We are currently
approved in: Florida, Georgia, New Hampshire, Oklahoma, Texas, and
Wyoming. The cargo session is also approved in North Carolina.
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.