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Volume 99

MARCH 2015

Too close to call?

Krzysztof collided with a vehicle driven by Barbara as he drove his tractor trailer to be inspected by a mechanic as required by SSTS, with whom he had just contracted to haul freight.

The contract was signed at 10:00 a.m. The accident occurred at 1:45 p.m. on the same day and before Krzysztof had transported any freight for SSTS.

Occidental insured SSTS with a symbol 47 that applied to "those autos you hire, rent or borrow." Progressive insured Krzysztof subject to an endorsement that coverage did not apply while Krzysztof was acting as another organization's agent.

Both carriers denied coverage.

Click here to see who the courts decided would pay the $400,000 settlement.

 

Symbols and motor carrier coverage

The Insurance Services Office (ISO) commercial auto program uses symbols to provide coverage. The symbols vary by type of coverage form. The best symbol for an insured on a motor carrier coverage form is "61" because any auto as the form defines it is covered. However, the best symbol for the insurance company may be "67" because only those vehicles the coverage form specifically describes are covered. Symbol "47" in this court case was part of the now-obsolete ISO Truckers Form. The Motor Carrier Form which replaced the Truckers Form uses symbol "68" but with the same definition as the Truckers Form"47."

Click here to review the PF&M analysis of the Motor Carrier Coverage Form Covered Auto Section.

 

Coverage while not working

Krzysztof owned the tractor that he would use while working for SSTS. However, there would be times when he was not transporting goods for SSTS or another contracted company. While he acted as an agent for those transport firms, their policies provided coverage for him. However, he must have his own coverage for those times when he was not operating under their authority.

Click here to review the PF&M article that describes CA 23 09-Motor Carriers-Insurance for Non-trucking Use that can be attached to the Business Auto Policy to provide only when Krzysztof would need it.

 

A need for specialists

Trucking operations have unique contracts and relationships and the insurance coverage must reflect them. An agency that specializes in these types of operations can identify gaps in coverage and recognize problems before accidents and the accompanying lawsuits occur. Because the losses are usually large, such gaps could very well result in the insurance agent's E&O becoming involved.

Click here for a list of agents who work with the trucking industry and who can help you with your clients.

Because this is an Indiana list, check The Insurance Marketplace for a list in your state.