For the last three years, Texas trial courts have systematically taken a narrow view of the Texas Supreme Court’s In re North Cypress opinion to deny personal injury defendants discovery from medical providers on the reasonableness of the providers’ bills. The Texas Supreme Court has now broadened defendants’ ability to fight excessive bills by definitively…
On May 7, 2021, the Texas Supreme Court issued a major decision that addresses the all-too-common practice whereby state court judges prevent defendants from putting on evidence to expose inflated medical bills. The problems with the astronomical costs of Texas personal injury actions have gotten national attention. Texas companies and, particularly trucking companies, face staggering…
By: Brian Schrumpf The terms “Reefer Breakdown Endorsement” and “Reefer Breakdown insurance coverage” should raise red flags for motor carriers, brokers, freight forwarders, and shippers. Why? Because insurance policies with Reefer Breakdown coverage commonly deny cargo claims on reefer loads. This article explains what a Reefer Breakdown Endorsement is and common insurance issues that arise…
By: Brian Schrumpf Freight brokers are experiencing an increase in claims and lawsuits for both cargo claims and auto accidents, especially due to Plaintiffs’ attorneys seeking more and deeper pockets. In addition, customers of freight brokers often expect brokers to be responsible for cargo damage. With the evolving landscape of freight broker exposure, freight broker…
Certificates of Insurance: Only the Beginning of the Coverage Story By Alexcis Nell from The Fuentes Firm published on November 11, 2016. There is a great deal of misunderstanding among freight brokers, freight forwarders, and the transportation industry generally regarding the weight Certificates of Insurance carry. Many brokers consider Certificates of Insurance binding proof of…
By Brian Schrumpf While freight brokers generally are not liable for cargo claims (i.e. loss or damage to cargo), there are several ways brokers can become liable for cargo claims. The primary ways a broker can become liable for cargo damage are: The broker agrees to be liable for cargo damage via contract with its…
Certificate Holder, Additional Insured, Loss Payee – What they are and who needs them By Brian Schrumpf Shippers, brokers, and carriers frequently request Certificate Holder, Additional Insured, and/or Loss Payee status from downstream service providers. Each status – Certificate Holder, Additional Insured, and Loss Payee – has a specific meaning and each confers specific rights.…