- Super Lawyers®
October 1, 2021 | Super Lawyers®
Impacting virtually every aspect of our economy.
Our attorneys regularly advise clients on the multitude of complicated liability and policy issues involved in commercial transportation coverage forms, such as:
- Business auto coverage
- Truckers coverage
- Motor carriers coverage, including MCS-90 endorsements
- Uninsured/underinsured motorists endorsements
- Railroad liability/railroad protective
We have substantial experience analyzing these coverage forms and the coverage issues presented by commercial transportation claims, including:
- Additional insured tenders
- Insured status of driver
- Ownership, maintenance or use of a covered auto
- Pollution-related coverages or exclusions
- Owned property exclusions
- Punitive damages coverage
- Analysis of contractual indemnity issues and insured contract coverage
Monitoring underlying transportation-related claims like train derailments and resulting evacuations, we provide advice on defense, claim management, claim evaluation and settlement.
TEAM
EXPERIENCE
- Successfully resolved multi-party vehicle accident litigation involving severe injuries and potential for damages far exceeding client's policy limits, where "policy limits" demands were asserted.
- Monitored hundreds of underlying claims arising out of train derailment and pollutant release; coordinated the management of liability and valuation issues with the insured and oversaw the resolution of all underlying claims, all while avoiding any penetration of client's layer of excess coverage.
- Successfully resolved several transportation-related cases pre-suit after conducting and coordinating immediate response team investigations regarding liability.
- Successfully resisted additional insured tender by shipper under motor carrier's policy in high-exposure personal injury case.
- Obtained partial dismissal of certain claims in a transportation case in Michigan involving the alleged wrongful death of a father of two minors.
- Advised client regarding coverage for underinsured motorist claim asserted by spouse of insured owner/operator under Truckers Coverage Form.
- Successfully tendered the defense of client's insured to the commercial auto insurer for the insured's contractor in a wrongful death action.
- Obtained defense verdict for third-party defendant after a three-week jury trial that resulted in the then-largest FELA bodily injury judgment against the defendant/third party plaintiff.
- Advised insurance company client regarding potential coverage under Canadian general liability and automobile policies for motor vehicle accident involving insured's employee in Missouri.
- Represented a global insurer in New Mexico federal court regarding a trucking fatality.
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- Super Lawyers®
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