Commercial Transportation

Impacting virtually every aspect of our economy.

Overview
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.

EXPERIENCE

    Case Study

  • Coverage Denial Upheld Under Bill of Lading Exclusion

    Nicolaides secured a summary judgment victory for a national insurer in a high-stakes coverage and bad faith dispute arising from a trucking accident and the interpretation of a transportation broker liability policy. The decision is believed to be the first in the United States to interpret a bill of lading exclusion in this type of policy.

  • 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.
NEWS & INSIGHTS