Strategies, Challenges, and Answers

Bobtail Insurer Did Not Wait Too Long To Disclaim Coverage

Bobtail InsuranceIn 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, 2019) involves a trucking insurer vs. a non-trucking insurer.

At the time of the accident, the driver and truck were leased to International Trucking Group. (ITG) and they were hauling its freight.  However, when the suit was filed, the driver and his employer turned the case over to their non-trucking insurer, United Financial Casualty Company (UFCC).  On July 18, 2016, UFCC immediately took up the defense and started looking for ITG’s policy.  By searching the U.S. Department of Transportation’s Licensing and Insurance database, UFCC learned that at the time of the accident, ITG had an insurance policy with Country Wide Insurance Company.  (CWIC). [Continue reading]

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 … [Continue reading]

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 … [Continue reading]

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 … [Continue reading]

Where An Insurance Company Breaches Its Duty To Defend, It Can Be Liable For An Excess Verdict Even If The Company Did Not Act In Bad Faith

Century Surety Co. v. Andrew

Ryan Pretner suffered critical injuries when he was hit by a truck driven by Michael Vasquez.  Mr. Vasquez’s truck was covered by two auto policies, his personal policy, and his business auto policy.  His personal insurance with Progressive had a … [Continue reading]