Strategies, Challenges, and Answers

Bobtail Insurer Did Not Wait Too Long To Disclaim Coverage

In a POST earlier this year, we recited the general rule that when a truck is pulling a load for a motor carrier, the motor carrier’s policy is responsible to provide insurance.  The inverse of that general rule is that when the truck is not in the business of a motor carrier, normally the non-trucking (otherwise known as bobtail insurance) is the responsible insurance carrier.The case of United Fin. Cas. Co. v. Country Wide Ins. Co., No. 18-3022, 2019 U.S. App. LEXIS 19581 (2d Cir. July 1, … [Read more...]

CELEBRATE INDEPENDENCE DAY !

The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Independence Day Holiday!As we celebrate the July 4, 1776 signing of the Declaration of Independence, let’s reflect on a few important words from that life altering document: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, … [Read more...]

The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .

“Was it worth it?”This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010.General Kelly was asked if the loss was worth it by a reporter with National Public Radio. He said, … [Read more...]

Insurance Company Must Stack Multiple UM Coverages If The Anti-Stacking Language Is Not Clear.

Farmers issued two separate auto policies to the Torres family.  Both policies included uninsured coverage.The Torres daughter was injured when a moped on which she was a passenger crashed.  There was no coverage on the moped so Mr. Torres turned to her parent’s auto policy for UM coverage.The company admitted coverage and paid one of the two UM coverages.  However, it argued that it owed no duty to stack the policies because of the anti-stacking provision in an Endorsement. The trial … [Read more...]

Bobtail Insurance Provides Limited Coverage

Truckers and trucking companies do business under many different contractual arrangements.  Some truckers drive as employees of a single trucking company.  Those drivers operate the company’s truck and pull the company’s trailers.  However, a common business model involves a person who owns and operates his or her own truck (known as an owner-operator).  These owner-operators “lease on” to drive for a properly licensed and authorized motor carrier.  Lease agreements between the motor carrier and … [Read more...]