ARE INDEPENDENT CONTRACTORS COVERED: A REVIEW OF MOTOR CARRIERS FINANCIAL RESPONSIBILITY

Size: px
Start display at page:

Download "ARE INDEPENDENT CONTRACTORS COVERED: A REVIEW OF MOTOR CARRIERS FINANCIAL RESPONSIBILITY"

Transcription

1 ARE INDEPENDENT CONTRACTORS COVERED: A REVIEW OF MOTOR CARRIERS FINANCIAL RESPONSIBILITY Seth G. Gausnell Rabbitt, Pitzer & Snodgrass, P.C. 100 South Fourth Street, Suite 400 St. Louis, Missouri DOC;11

2 Seth Gausnell received a B.S. in Business Administration from the University of Kansas at Lawrence in 1983 and received his J.D. in 1985 from Saint Louis University Law School. He was admitted to the Bar in Missouri in 1986; the Bar in Kansas in 1987; and the Bar in Illinois in He is also admitted to practice in the United States District Court in both the Eastern District of Missouri and the Southern District of Illinois, as well as the United States Court of Appeals for the Eighth Circuit. His Martindale-Hubbell rating is AV. He is a member of the Bar Association of Metropolitan St. Louis, The Missouri Bar, Illinois State Bar Association and Missouri Organization of Defense Lawyers. He participated in the Missouri Organization of Defense Lawyers Trial Academy in 1993 and the International Association of Defense Counsel's Trial Academy in Boulder, Colorado in 1994 and has lectured at seminars on transportation liability and broker/agent liability DOC;12

3 I. INTRODUCTION Traditionally, an employer is not liable for the negligent acts of an independent contractor. However, that tradition does not necessarily apply to the interstate trucking industry. As we will examine, the federal government has been regulating this industry for some time, and in exercising its regulatory powers deemed an independent contractor as a statutory employee, at least in the world of interstate motor carriers. This topic will seek to address coverage issued with regards to independent contractors, and examine the reasoning why the federal government enacted the laws and regulations it did. II. COMMON LAW To understand why the federal government amended the Motor Carrier Act in such a manner, one must examine the common law regarding independent contractors and vicarious liability. An independent contractor, at common law, is an individual who in the pursuit of an independent business, undertakes to do a specific piece of work for other persons, using his own means and methods, without submitting himself to their control and all of its details. See Consumers Country Mutual Insurance Co. v. PW & Sons Trucking, Inc., et al., 307 F.3d 362 (Fifth Cir. 2002), quoting Thompson v. Travelers Indem. Co. of R.I., 789 S.W.2d 277, 278 (Tex. 1990). The distinction between an employee and an independent contractor at common law is important when assessing liability for a negligent act or omission. An employer is vicariously liable through the theory of respondeat superior for the negligent acts and/or omissions of its employees, acting in the course and scope of his or her employment. State ex rel. McHaffie v. Bunch, 891 S.W.2d 822, 826 (Mo. 1995). However, the same is generally not true when the worker is an independent contractor. Typically, an employer is not vicariously liable for the negligent acts or omissions of the independent contractor. Zueck v. Oppenheimer Gateway Properties, Inc., 809 S.W.2d 384 (Mo. 1991). In Missouri, an employer is liable for the negligent action of an independent contractor only when the employer did not exercise reasonable care in hiring a competent independent contractor. Lonero v. Dillick, et al., 208 S.W.3d 323 (Mo.Ct.App. 2006). An exception to this general rule is if the injury arises from an inherently dangerous activity. Id. In said situation, the employer will be liable for the independent contractor s negligence. Id. In determining whether a worker is an independent contractor or an employee, one must look to the common law of the jurisdiction in which he or she is practicing. Texas, for example, holds that the test to determine whether a worker is an employee or an independent contractor is whether DOC;13

4 the employer has the right to control the progress, details and methods of operations of the employee s work. See Consumers Country Mutual Insurance Co., 307 F.3d 362. III. FEDERAL MOTOR CARRIER ACT The Federal Motor Carrier Act of 1980 was enacted into law as a result of Congress desire to limit confusion as to liability arising from accidents caused by leased vehicles. James R. Lilly, Insurance Coverage and Conflicting Interpretations of the MCS-90, Defense Counsel Journal October Despite some bureaucratic changes and restructuring, the regulations have remained largely intact since Id. In the trucking industry, owner/operators are usually not licensed as motor carriers but perform services under contract to licensed carriers. Commodity Carriers, Inc. v. Federal Motor Carrier Safety Administration, 434 F.3d 604 (DC 2006), citing Study of Interstate Commerce Commission Regulatory Responsibilities Pursuant to Section 210(a) of the Trucking Industry Regulatory Reform Act of 1994, 1994 WL , at *52, (internal quotations omitted). They act as independent contractors who lease their equipment with themselves as drivers to trucking companies for a period of time. Id. It is common practice for motor carriers who operate under the authority of the ICC, i.e. authorized carriers, to lease equipment from independent contractors who are not regulated by the ICC. Prestige Casualty Company v. Michigan Mutual Insurance Company, 99 F.3d 1340, 1342 (6th Cir. 1996). An authorized carrier is a person authorized to engage in the transportation of property as a common or contract carrier under the provisions of 49 U.S.C , 10922, 10923, 10928, 10931, or C.F.R (a). Prior to the enactment of the original Motor Carrier Act, and all of its amendments, motor carriers utilized the traditional, common law theory of vicarious liability with regards to the employer/independent contractor relationship to avoid safety regulations governing equipment and drivers. Prestige Casualty Company, 99 F.3d at Typically, motor carries would hire these independent contractors instead of using their own vehicles or employees. As the drivers were not employees, the motor carrier would not be vicariously liable under common law for the negligent acts or omissions of the driver. This created confusion among the general public as to which entity was financially responsible for injury resulting from operation of the commercial vehicle. Id. As seeing these practices as a threat to the trucking industry and against the public s interest, Congress expanded the administrative rule making power of the ICC to promulgate regulations governing all aspects of the non-owned equipment by authorized carriers. Id. at Therefore, Congress gave the power to the ICC to eliminate the motor carrier s DOC;14

5 common law liability protection and allowed them to mandate that the motor carrier be responsible for the all vehicles in its employ regardless of common law distinctions. Federal law requires that if an authorized carrier enters into a lease with an independent contractor, the lease shall hold that the authorized carrier is an exclusive possession, control, and use of the equipment for the duration of the lease, and assumes complete responsibility for the operation of the equipment for the duration of the lease. 49 U.S.C ; 49 C.F.R The Motor Carrier Act also holds that all authorized carriers must maintain insurance or other form of surety conditioned to pay any final judgment recovered against such motor carrier for bodily injuries to or the death of a person resulting from the negligent operation, maintenance or use of motor vehicles under the carrier s license. 49 U.S.C ; 49 C.F.R To satisfy the financial responsibility requirement, an authorized carrier must procure a bond, insurance policy, or other type of security sufficient to pay, not more than the amount of the security, for each final judgment against the carrier for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of its motor vehicles. Id. The purpose of these regulations is to create additional incentives to motor carriers to maintain and operate their vehicles in a safe manner and to assure that motor carriers maintain an appropriate level of financial responsibility for motor vehicles operated on public highways. James R. Lilly, Insurance Coverage and Conflicting Interpretations of the MCS-90, Defense Counsel Journal October Where a carrier establishes proof of financial responsibility through an insurance policy, the MCS-90 endorsement must be included. 49 CFR The Federal government has required that all insurance policies issued to motor carriers include a MCS-90 Endorsement. Id. The MCS- 90 Endorsement states, in part: The insurer (the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the DOC;15

6 insured or elsewhere. Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured's employees while engaged in the course of their employment, or property transported by the insured, designated as cargo. Id. The endorsement mandates that the policy shall cover any vehicle used by the motor carrier regardless of whether the vehicle is actually owned by the motor carrier. Along with the endorsement, a definition of an employee relevant to the Motor Carrier Law was codified in a further attempt to eliminate the motor carriers attempts to circumvent liability. An employee is defined as any individual, other than an employer, who is employed by an employer and who in the course of his or her employment directly affects commercial motor vehicle safety. 49 CFR The section goes on to state that the term employee includes a driver of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle), a mechanic, and a freight handler. Id. By eliminating the common law employee/independent contractor distinction, the definition prevents the motor carriers from using the independent contractor relationship to avoid liability exposure at the expense of the public. IV. THE EXTENT OF THE MCS-90 ENDORSEMENT The MCS-90 Endorsement does not extend as far as some courts would like. See Wellman v. Liberty Mutual, 496 F.2d. 131, 139 (8th Cir 1974). It will generally not expand who is an insured under the policy. James R. Lilly, Insurance Coverage and Conflicting Interpretations of the MCS-90, Defense Counsel Journal October The motor carrier is vicariously liable to the general public as a result of the negligent acts of its employee, including an independent contractor, when operating a commercial vehicle under the motor carrier s ICC number. Id. Most courts have held that the coverage stopped there, and that no coverage is directly afforded to the independent contractor. Id. Therefore, to avail oneself of the mandated insurance coverage, a member of the general public seeking legal redress would need to specifically name the motor carrier as a defendant. While this opinion is the majority, some jurisdictions found that limiting the MCS-90 Endorsement only to the named insured would defeat the purpose of the endorsement. Id. In Wellman v. Liberty Mutual, plaintiff dismissed the motor carrier from his state court action for personal injury, and elected to continue his action against the independent contractor, among others. Wellman, DOC;16

7 F.2d. at 139. Following a default judgment against the independent contractor, plaintiff sought to enforce the judgment against the motor carrier. Id. The Eighth Circuit found that since there was no judgment of liability against the motor carrier, the policy does not extend the insurance coverage solely to the independent contractor. Id. Plaintiff would have succeeded against the motor carrier through vicarious liability, but the motor carrier was not a party to the suit. Id. The Eighth Circuit noted with dismay that the law did not require that coverage be extended to the driver at all times, but was limited to the provisions of the act. Id. The motor carrier s policy is not the primary insurance by matter of law merely as a result of the MCS-90 Endorsement. 569 F.2d 304. In Carolina Casualty Ins. Co. v. Underwriters Ins. Co., an independent contractor was involved in an accident as a result of his own negligence. Id. The insurer for the independent contractor attempted to escape liability by claiming that the motor carrier s insurance was primary as a matter of law pursuant to the MCS-90 Endorsement. Id. at 312. The Court rejected the independent contractor s argument stating that the purpose of the endorsement was to assure the public and shippers that the certified carriers have independent financial responsibility. Id. Similarly, the Missouri Court of Appeals found that no public policy reason exists to rule that the MCS-90 Endorsement automatically makes a policy afford primary coverage when the only question is which company should recompense the injured party as per the two companies independent agreement. See Great West Casualty Company v. Mallinger Truck Line, Inc., et al., 640 S.W.2d 479 (Mo.App.Ct. 1982). The Supreme Court, in Transamerican Freight Lines, Inc. v. Brada Miller Freight Systems, Inc., et. al., held that the control and responsibility requirement does not prohibit an agreement by the independent contractor to indemnify the motor carrier for loss caused by the independent contractor s negligence. Transamerican Freight Lines, Inc. v. Brada Miller Freight Systems, Inc., 423 U.S. 28 (1975). V. TERMINATION OF LEASE TERMINATES VICARIOUS LIABILITY A motor carrier s vicarious liability only arises in the first instance, when there is a lease entered into between the motor carrier and the independent contractor. While this lease is in effect, federal law requires that the motor carrier be completely responsible for said vehicle and maintain a certain level of surety. However, once the lease is terminated, so is any vicarious liability under the Motor Carriers Act. Ross v. Wall Street Systems, et al., 400 F.3d 478, 480 (6th Cir. 2005) DOC;17

8 VI. INDEPENDENT CONTRACTORS CANNOT RECOVER AGAINST MOTOR CARRIERS As noted above, an employee in terms of the Motor Carrier Act is a driver of a commercial motor vehicle (including an independent contractor while in the course and scope of operating a commercial vehicle.) 49 C.F.R The MCS-90 Endorsement provides insurance for liability to the general public, but specifically excludes employees of the motor carrier. 49 C.F.R Therefore, an independent contractor is not covered under the MCS-90 endorsement, and barring some other provision of the policy, is not able to recover for his injuries under the motor carrier s liability policy. In Perry v. Harco National Insurance Company, plaintiff attempts to recover for the wrongful death of her husband, who died while operating a leased vehicle for the defendantmotor carrier. Perry v. Harco National Insurance Company, 129 F.3d 1072, 1073 (9th Cir. 1997). Plaintiff argued that the definition of an employee under the motor carrier act only applied to prevent the motor carrier from using common law to escape liability. Id. Moreover, the definition did not apply when the driver of the commercial vehicle was seeking redress from the motor carrier. Id. The Ninth Circuit rejected plaintiff s argument holding that the law clearly defined an independent contractor as an employee and that the insurance coverage did not extend to employees of the motor carrier. Id. at The Fifth Circuit followed the Ninth Circuit s lead and rejected a similar argument in Consumers County Mutual Insurance Company v. PW & Sons. Consumers County Mutual Insurance Company, 307 F.3d at 363. The Fifth Circuit rejected the notion that the term employee should be given different meanings under an insurance policy depending on the context in which it is used. Id. at 366. Furthermore, the Court went on to state that the policy was not ambiguous as to the term employee. Id. at 367. VII. CONCLUSION For years, motor carriers attempted to escape liability by leasing vehicles from independent owner/operators and utilizing common law theories of independent contractors and vicarious liability. Noting the threat to the general public, Congress through the Motor Carrier Act mandated that all authorized carriers be financially responsible for any vehicle in its operation, under its license, whether specifically owned by the motor carrier or leased from an owner/operator and for the negligent acts of its employees including independent contractors. To afford oneself of the benefit of the MCS-90 Endorsement, a member of the public injured in an accident must sue the proper party, DOC;18

9 namely the motor carrier. If the independent contractor is sued additionally, and carries additional coverage, a review of the policies must be conducted to determine which insurance is primary. The motor carrier s policy, with the federally mandated MCS-90 endorsement, is not primary as a matter of law. Essentially, the MCS-90 Endorsement was enacted by Congress to ensure that some responsible party is identifiable and financially responsible, and to halt the motor carriers from hiding behind their independent contractors DOC;19

RECENT DEVELOPMENTS IN MCS-90 ENDORSEMENTS FOR TRUCK INSURANCE

RECENT DEVELOPMENTS IN MCS-90 ENDORSEMENTS FOR TRUCK INSURANCE RECENT DEVELOPMENTS IN MCS-90 ENDORSEMENTS FOR TRUCK INSURANCE - By - Martin B. Adams Kopff, Nardelli & Dopf LLC www.kndny.com December 1, 2005 Truckers involved in interstate trucking activities are subject

More information

TRANSPORTATION AGREEMENT

TRANSPORTATION AGREEMENT TRANSPORTATION AGREEMENT THIS AGREEMENT ( Agreement ) is dated as of, 200 between including its subsidiaries (collectively, Shipper ), and Dick Harris and Son Trucking Co., Inc. (Carrier). Carrier agrees

More information

MOTOR CARRIER PUBLIC LIABILITY SURETY BOND UNDER SECTION 18 OF THE BUS REGULATORY REFORM ACT OF 1982

MOTOR CARRIER PUBLIC LIABILITY SURETY BOND UNDER SECTION 18 OF THE BUS REGULATORY REFORM ACT OF 1982 MOTOR CARRIER PUBLIC LIABILITY SURETY BOND UNDER SECTION 18 OF THE BUS REGULATORY REFORM ACT OF 1982 OMB No.: 2126-0008 PARTIES Surety Company and Principal Motor Carrier Principal, FMCSA Docket No., Place

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES D. FOWLER, ) ) Plaintiff, ) ) v. ) Case No.: 08-cv-2785 ) UNITED STATES OF AMERICA, ) Judge Robert M. Dow,

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CINCINNATI INSURANCE COMPANY, Plaintiff, v. No. 4:01 CV 726 DDN VENETIAN TERRAZZO, INC., Defendant. DECLARATORY JUDGMENT Pursuant

More information

PART 387. Minimum Levels of Financial Responsibility for Motor Carriers. (Interstate and Intrastate Commerce)

PART 387. Minimum Levels of Financial Responsibility for Motor Carriers. (Interstate and Intrastate Commerce) PART 387 Minimum Levels of Financial Responsibility for Motor Carriers (Interstate and Intrastate Commerce) 27 Part 387 Minimum Levels of Financial Responsibility for Motor Carriers (Interstate and Intrastate

More information

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON JUNE 19, 2008 Session

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON JUNE 19, 2008 Session IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON JUNE 19, 2008 Session GEORGIA-PACIFIC LLC, ET AL. v. SWIFT TRANSPORTATION CORPORATION Direct Appeal from the Chancery Court for Shelby County No. CH-07-1107-2

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS NO. 13-1006 IN RE ESSEX INSURANCE COMPANY, RELATOR ON PETITION FOR WRIT OF MANDAMUS PER CURIAM Rafael Zuniga sued San Diego Tortilla (SDT) for personal injuries and then added

More information

FLOYD-TUNNELL V. SHELTER MUT. INS. CO.: WRONGFUL DEATH CLAIMS AND UNINSURED MOTORIST COVERAGE

FLOYD-TUNNELL V. SHELTER MUT. INS. CO.: WRONGFUL DEATH CLAIMS AND UNINSURED MOTORIST COVERAGE FLOYD-TUNNELL V. SHELTER MUT. INS. CO.: WRONGFUL DEATH CLAIMS AND UNINSURED MOTORIST COVERAGE INTRODUCTION Rebecca Floyd-Tunnell and Doris Floyd ( Appellants ) filed suit against Shelter Mutual Insurance

More information

In the Missouri Court of Appeals Eastern District

In the Missouri Court of Appeals Eastern District In the Missouri Court of Appeals Eastern District DIVISION TWO FRANCIS GRAHAM, ) No. ED97421 ) Respondent, ) Appeal from the Circuit Court ) of St. Louis County vs. ) ) Honorable Steven H. Goldman STATE

More information

Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION JAMES E. TOMLINSON and DARLENE TOMLINSON, his wife, v. Plaintiffs,

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

The Impact of the Graves Amendment on Independent Driver Cases

The Impact of the Graves Amendment on Independent Driver Cases The Impact of the Graves Amendment on Independent Driver Cases California state law provides an owner of a motor vehicle is vicariously liable up to a maximum of $15,000 for injury to persons and property

More information

California Civil Code 2782.05

California Civil Code 2782.05 California Civil Code 2782.05 (a) Except as provided in subdivision (b), provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any construction contract and amendments

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION The plaintiff in Schmidt filed suit against her employer, Personalized Audio Visual, Inc. ("PAV") and PAV s president, Dennis Smith ("Smith"). 684 A.2d at 68. Her Complaint alleged several causes of action

More information

2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION OLD REPUBLIC INSURANCE COMPANY, v. Plaintiff, MICHIGAN CATASTROPHIC

More information

THE RIGHT TO INDEPENDENT COUNSEL

THE RIGHT TO INDEPENDENT COUNSEL THE RIGHT TO INDEPENDENT COUNSEL Julie A. Shehane Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Telephone: 214-712 712-9546 Telecopy: 214-712 712-9540 Email: Julie.Shehane@cooperscully.com 2015 This

More information

Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Koontz, S.J.

Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Koontz, S.J. Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Koontz, S.J. FARMERS INSURANCE EXCHANGE OPINION BY v. Record No. 100082 JUSTICE LEROY F. MILLETTE, JR. April 21, 2011 ENTERPRISE LEASING

More information

CAMBRIDGE PROPERTY & CASUALTY SPECIAL REPORT

CAMBRIDGE PROPERTY & CASUALTY SPECIAL REPORT CAMBRIDGE PROPERTY & CASUALTY SPECIAL REPORT MANAGING THE RISK OF INDEPENDENT CONTRACTORS WORKING IN YOUR BUILDING This Special Report was written by Daniel P. Hale, J.D., CPCU, ARM, CRM, LIC, AIC, AIS,

More information

[Cite as Rogers v. Dayton, 118 Ohio St.3d 299, 2008-Ohio-2336.]

[Cite as Rogers v. Dayton, 118 Ohio St.3d 299, 2008-Ohio-2336.] [Cite as Rogers v. Dayton, 118 Ohio St.3d 299, 2008-Ohio-2336.] ROGERS v. CITY OF DAYTON ET AL., APPELLEES; STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., APPELLANT. [Cite as Rogers v. Dayton, 118 Ohio St.3d

More information

Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #:

Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #: <pageid> Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #: IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ALVIN E. WISEMAN, Plaintiff,

More information

Dissecting the Professional Services Exclusion in a Commercial General Liability Policy

Dissecting the Professional Services Exclusion in a Commercial General Liability Policy Dissecting the Professional Services Exclusion in a Commercial General Liability Policy Lewis S. Wooton December 15, 2010 Most commercial general liability policies contain a professional services exclusion

More information

TERRENCE and Marie Domin, Plaintiffs, v. SHELBY INSURANCE COMPANY, a foreign corporation, Defendant.

TERRENCE and Marie Domin, Plaintiffs, v. SHELBY INSURANCE COMPANY, a foreign corporation, Defendant. Circuit Court of Illinois. County Department Chancery Division Cook County TERRENCE and Marie Domin, Plaintiffs, v. SHELBY INSURANCE COMPANY, a foreign corporation, Defendant. No. 00CH08224. 2008. Answer

More information

A&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions

A&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions A&E Briefings Structuring risk management solutions Spring 2012 Indemnification Clauses: Uninsurable Contractual Liability J. Kent Holland, J.D. ConstructionRisk, LLC Professional consultants are judged

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 06-3601 J.E. Jones Construction Co.; The Jones Company Custom Homes, Inc., Now known as REJ Custom Homes, Plaintiffs - Appellants, v. Appeal from

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Safe Auto Insurance Company, : Appellant : : v. : No. 2247 C.D. 2004 : Argued: February 28, 2005 School District of Philadelphia, : Pride Coleman and Helena Coleman

More information

234 Fiddler Branch Road Lexington, SC 29072 803-359-9969 Fax 803-359-9487

234 Fiddler Branch Road Lexington, SC 29072 803-359-9969 Fax 803-359-9487 Dear Carrier: Thank you for your interest in doing business with Rocky Wells. You can return your Carrier Profile Packet via email to our company representative assisting you. We look forward to working

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 5:13-cv-04137-JWL-JPO Document 16 Filed 02/04/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, for the use and benefit of LAWRENCE KEVIN WRIGHT,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 03-11688. D. C. Docket No. 99-01319-CV-S-N

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 03-11688. D. C. Docket No. 99-01319-CV-S-N [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 03-11688 D. C. Docket No. 99-01319-CV-S-N FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT February 5, 2004 THOMAS K. KAHN CLERK

More information

Case: 2:12-cv-00236-WOB-JGW Doc #: 64 Filed: 01/09/14 Page: 1 of 14 - Page ID#:

Case: 2:12-cv-00236-WOB-JGW Doc #: 64 Filed: 01/09/14 Page: 1 of 14 - Page ID#: <pageid> Case: 2:12-cv-00236-WOB-JGW Doc #: 64 Filed: 01/09/14 Page: 1 of 14 - Page ID#: CIVIL ACTION NO. 2012-236 (WOB-JGW) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT COVINGTON

More information

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order

More information

USING VIOLATIONS OF FMCSA REGULATIONS FOR DRUG AND ALCOHOL TESTING TO PROVE CIVIL LIABILITY

USING VIOLATIONS OF FMCSA REGULATIONS FOR DRUG AND ALCOHOL TESTING TO PROVE CIVIL LIABILITY USING VIOLATIONS OF FMCSA REGULATIONS FOR DRUG AND ALCOHOL TESTING TO The Federal Motor Carrier Safety Administration (FMCSA), under the authority of the Department of Transportation, governs employers

More information

California Senate Bill 474 Impact on Owners & Contractors

California Senate Bill 474 Impact on Owners & Contractors California Senate Bill 474 Impact on Owners & Contractors Beginning January 1, 2013, project owners, general contractors ( GC ), construction managers ( CM ) and any lower tier contractor who employs subcontractors

More information

2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION

2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION NOTICE Decision filed 08/20/13. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2013 IL App (5th 120093WC-U NO. 5-12-0093WC

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROSELLA & FERRY, P.C., Plaintiff, v. TIG INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-2344 Memorandum and Order YOHN,

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-11755. D.C. Docket No. 8:10-cv-00733-JSM-TGW

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-11755. D.C. Docket No. 8:10-cv-00733-JSM-TGW Case: 12-11755 Date Filed: 01/22/2015 Page: 1 of 6 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-11755 D.C. Docket No. 8:10-cv-00733-JSM-TGW LETICIA MORALES, Individually

More information

In the Missouri Court of Appeals Eastern District DIVISION THREE

In the Missouri Court of Appeals Eastern District DIVISION THREE In the Missouri Court of Appeals Eastern District DIVISION THREE GERALD J. BAMBERGER, et al., ) No. ED92319 ) Appellants, ) ) Appeal from the Circuit Court vs. ) of St. Louis County ) 08SL-CC01435 CHARLES

More information

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 05a0308n.06 Filed: April 21, 2005. No. 04-5393

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 05a0308n.06 Filed: April 21, 2005. No. 04-5393 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 05a0308n.06 Filed: April 21, 2005 No. 04-5393 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PRUDENTIAL PROPERTY & CASUALTY CO., Plaintiff-Appellee,

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS 444444444444 NO. 11-0425 444444444444 PETROLEUM SOLUTIONS, INC., PETITIONER, v. BILL HEAD D/B/A BILL HEAD ENTERPRISES AND TITEFLEX CORPORATION, RESPONDENTS 4444444444444444444444444444444444444444444444444444

More information

BROKER CONTRACT CARRIER AGREEMENT

BROKER CONTRACT CARRIER AGREEMENT BROKER CONTRACT CARRIER AGREEMENT This agreement dated, between Load One, LLC of 13221 Inkster Road, Taylor MI 48180, hereinafter referred to as Broker, and, hereinafter referred to as Carrier. In consideration

More information

SAMPLE SERVICES CONTRACT

SAMPLE SERVICES CONTRACT SAMPLE SERVICES CONTRACT The parties to this contract are the SAN DIEGO COUNTY WATER AUTHORITY, a county water authority, (the Water Authority) and, [a / an], having its principal place of business at

More information

United States Court of Appeals For the Eighth Circuit

United States Court of Appeals For the Eighth Circuit United States Court of Appeals For the Eighth Circuit No. 13-3381 Philadelphia Consolidated Holding Corporation, doing business as Philadelphia Insurance Companies lllllllllllllllllllll Plaintiff - Appellee

More information

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION CIVIL SECTION

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION CIVIL SECTION IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION CIVIL SECTION LOUISE FOSTER Administrator of the : AUGUST TERM 2010 Estate of GEORGE FOSTER : and BARBARA DILL : vs.

More information

SPECIAL REPORT MANAGING THE RISK OF INDEPENDENT CONTRACTORS WORKING IN YOUR BUILDING

SPECIAL REPORT MANAGING THE RISK OF INDEPENDENT CONTRACTORS WORKING IN YOUR BUILDING SPECIAL REPORT MANAGING THE RISK OF INDEPENDENT CONTRACTORS WORKING IN YOUR BUILDING (04-04-14) This Special Report was written by Daniel P. Hale, J.D., CPCU, ARM, CRM, LIC, AIC, AIS, API of Marsh & McLennan

More information

BROKER AND CARRIER AGREEMENT

BROKER AND CARRIER AGREEMENT P.O. Box 889 394 NE Hemlock Redmond, OR 97756 BROKER AND CARRIER AGREEMENT All loads tendered by Central Oregon Truck Company ("Broker") and accepted for transportation by third party carriers ("Carrier")

More information

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 14a0331n.06. No. 12-1887 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 14a0331n.06. No. 12-1887 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 14a0331n.06 No. 12-1887 ARTHUR HILL, JR., Plaintiff-Appellant, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT v. CITIZENS INSURANCE COMPANY OF

More information

CAUSE NO. 2005-58359. Bravo, et al. IN THE DISTRICT COURT OF. v. HARRIS COUNTY, T E X A S. Order Denying Motion for Partial Summary Judgment

CAUSE NO. 2005-58359. Bravo, et al. IN THE DISTRICT COURT OF. v. HARRIS COUNTY, T E X A S. Order Denying Motion for Partial Summary Judgment CAUSE NO. 2005-58359 Bravo, et al. IN THE DISTRICT COURT OF v. HARRIS COUNTY, T E X A S Stage Call Corp. 157 th JUDICIAL DISTRICT Order Denying Motion for Partial Summary Judgment Plaintiffs have sued

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Huizenga v. Auto-Owners Insurance, 2014 IL App (3d) 120937 Appellate Court Caption DAVID HUIZENGA and BRENDA HUIZENGA, Plaintiffs- Appellants, v. AUTO-OWNERS INSURANCE,

More information

STACKING UP: UNDERSTANDING AUTOMOBILE INSURANCE COVERAGES The Missouri Bar Solo and Small Firm Conference June 14, 2013

STACKING UP: UNDERSTANDING AUTOMOBILE INSURANCE COVERAGES The Missouri Bar Solo and Small Firm Conference June 14, 2013 STACKING UP: UNDERSTANDING AUTOMOBILE INSURANCE COVERAGES The Missouri Bar Solo and Small Firm Conference June 14, 2013 Sidney Eckman Wheelan Tatlow, Gump, Faiella, and Wheelan, LLC 1 48--1 WHAT IS STACKING?

More information

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 00 00 A (Ed. 4-92) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY PLEASE READ THE POLICY CAREFULLY. QUICK REFERENCE BEGINNING ON PAGE INFORMATION PAGE GENERAL SECTION... 2 A. The Policy...

More information

By Heather Howell Wright, Bradley Arant Boult Cummings, LLP. (Published July 24, 2013 in Insurance Coverage, by the ABA Section Of Litigation)

By Heather Howell Wright, Bradley Arant Boult Cummings, LLP. (Published July 24, 2013 in Insurance Coverage, by the ABA Section Of Litigation) Tiara Condominium: The Demise of the Economic Loss Rule in Construction Defect Litigation and Impact on the Property Damage Requirement in a General Liability Policy By Heather Howell Wright, Bradley Arant

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS JAMES HENDRICK, v Plaintiff-Appellant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, UNPUBLISHED May 24, 2007 No. 275318 Montcalm Circuit Court LC No. 06-007975-NI

More information

Case 4:10-cv-00019-CDL Document 13 Filed 05/12/10 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION

Case 4:10-cv-00019-CDL Document 13 Filed 05/12/10 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION Case 4:10-cv-00019-CDL Document 13 Filed 05/12/10 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION ATS INTERMODAL, LLC, a corporation; GARLAND B. BEASLEY;

More information

Section 60-1.1 Mandatory provisions.

Section 60-1.1 Mandatory provisions. 11 NYCRR 60-1.1 OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 11. INSURANCE DEPARTMENT CHAPTER III. POLICY AND CERTIFICATE PROVISIONS SUBCHAPTER B. PROPERTY AND CASUALTY

More information

Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. In The Court of Appeals Fifth District of Texas at Dallas

Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. In The Court of Appeals Fifth District of Texas at Dallas Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01546-CV OKLAHOMA SURETY COMPANY, Appellant/Cross-Appellee

More information

Defenses in a Product Liability Claim

Defenses in a Product Liability Claim Defenses in a Product Liability Claim written by: Mark Schultz, Esq. COZEN O CONNOR Suite 400, 200 Four Falls Corporate Center West Conshohocken, PA 19428 (800) 379-0695 (610) 941-5400 mschultz@cozen.com

More information

Please Fax or Mail all Material to

Please Fax or Mail all Material to Thank you for your interest in SIGNATURE LOGISTICS, INC. In order to set up your company in our carrier system the following information is needed. Signed Contract Carrier Agreement (return both pages)

More information

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY In return for the payment of the premium and subject to all terms of this policy, we agree with you as follows: General Section A. The Policy

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR Filed 8/12/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR PROGRESSIVE CHOICE INSURANCE COMPANY, Plaintiff and Respondent, B242429

More information

North Carolina Interlocal Risk Management Agency (NCIRMA) Workers Compensation and Employers Liability Insurance Policy

North Carolina Interlocal Risk Management Agency (NCIRMA) Workers Compensation and Employers Liability Insurance Policy North Carolina Interlocal Risk Management Agency (NCIRMA) Workers Compensation and Employers Liability Insurance Policy WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY QUICK REFERENCE Beginning

More information

In the Missouri Court of Appeals Eastern District DIVISION TWO

In the Missouri Court of Appeals Eastern District DIVISION TWO In the Missouri Court of Appeals Eastern District DIVISION TWO BUSEY TRUCK EQUIPMENT, INC., No. ED93091 Appellant, Appeal from the Circuit Court of vs. Cape Girardeau County AMERICAN FAMILY MUTUAL INSURANCE

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 10-4345. DOROTHY AVICOLLI, Appellant

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 10-4345. DOROTHY AVICOLLI, Appellant NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 10-4345 DOROTHY AVICOLLI, Appellant v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, a/k/a GEICO; ANGELO CARTER; CHARLES CARTER On Appeal

More information

Construction Defect Coverage Recap For 1st Quarter

Construction Defect Coverage Recap For 1st Quarter Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Construction Defect Coverage Recap For 1st Quarter

More information

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN In return for the payment of the premium and subject to all terms of this Policy, we agree with you as follows. GENERAL

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Acuity v. Decker, 2015 IL App (2d) 150192 Appellate Court Caption ACUITY, Plaintiff-Appellant, v. DONALD DECKER, Defendant- Appellee (Groot Industries, Inc., Defendant).

More information

Medicare Indemnity and Defense by Federal Mandate?

Medicare Indemnity and Defense by Federal Mandate? Medicare Indemnity and Defense by Federal Mandate? Christian R. Johnson Ebanks Horne Rota Moos LLP 1301 McKinney, Suite 2700 Houston, TX 77010 (713) 333-4500 (713) 333-4600 [fax] cjohnson@ethlaw.com www.ethlaw.com

More information

November 3, 1999 QUESTION PRESENTED ANSWER GIVEN DISCUSSION

November 3, 1999 QUESTION PRESENTED ANSWER GIVEN DISCUSSION November 3, 1999 No. 8269 This opinion is issued in response to a question from Nancy Ellison, Deputy Commissioner of the Insurance Division of the Department of Consumer and Business Services. QUESTION

More information

WORKERS CO MPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WORKERS CO MPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WORKERS CO MPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ABCDEFGHIJ In return for the payment of the premium and subject to all terms of this policy, we agree with you as follows: GENERAL SECTION

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS PROGRESSIVE MICHIGAN INSURANCE COMPANY, UNPUBLISHED November 9, 2010 Plaintiff/Counter-Defendant- Appellant, V No. 293167 Wayne Circuit Court CITIZENS INSURANCE COMPANY

More information

UNINSURED AND UNDERINSURED MOTORIST COVERAGE - HISTORY

UNINSURED AND UNDERINSURED MOTORIST COVERAGE - HISTORY 59202 Prepared by the North Dakota Legislative Council staff for the Transportation Committee March 2004 UNINSURED AND UNDERINSURED MOTORIST COVERAGE - HISTORY This memorandum reviews the law on uninsured

More information

INDEPENDENT CONTRACTORS AGREEMENT

INDEPENDENT CONTRACTORS AGREEMENT INDEPENDENT CONTRACTORS AGREEMENT THIS AGREEMENT entered into by and between (hereafter the Contractor ) and the Park District of Highland Park (hereafter Park District ). WHEREAS, Contractor will be performing

More information

Fourth Court of Appeals San Antonio, Texas

Fourth Court of Appeals San Antonio, Texas Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00815-CV IN THE ESTATE OF Alvilda Mae AGUILAR From the Probate Court No. 2, Bexar County, Texas Trial Court No. 2012-PC-2802 Honorable

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division PUBLISHED UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: WILLIAM G. DADE ) Case No. 00-32487 ANN E. DADE ) Chapter 7 Debtors. ) ) ) DEBORAH R. JOHNSON ) Adversary

More information

v. Record No OPINION BY JUSTICE BARBARA MILANO KEENAN February 27, 1998 TRACY LEE RANDOLPH, ET AL.

v. Record No OPINION BY JUSTICE BARBARA MILANO KEENAN February 27, 1998 TRACY LEE RANDOLPH, ET AL. Present: All the Justices USAA CASUALTY INSURANCE COMPANY, ET AL. v. Record No. 971083 OPINION BY JUSTICE BARBARA MILANO KEENAN February 27, 1998 TRACY LEE RANDOLPH, ET AL. FROM THE CIRCUIT COURT OF LOUDOUN

More information

A. RECOVERY ON DERIVATIVE LIABILITY CLAIMS

A. RECOVERY ON DERIVATIVE LIABILITY CLAIMS A. RECOVERY ON DERIVATIVE LIABILITY CLAIMS The employer's duty to members of the public in both negligent hiring and negligent supervision cases stems from the principle that the employer receives benefits

More information

In the Missouri Court of Appeals Eastern District

In the Missouri Court of Appeals Eastern District In the Missouri Court of Appeals Eastern District DIVISION III PATRICK CORRIGAN, and ) No. ED99380 SEAN CORRIGAN, ) ) Appellants, ) Appeal from the Circuit Court ) of St. Louis County vs. ) ) Honorable

More information

Health Law Update By: Roger R. Clayton, Mark D. Hansen, and J. Matthew Thompson Heyl, Royster, Voelker & Allen, P.C., Peoria

Health Law Update By: Roger R. Clayton, Mark D. Hansen, and J. Matthew Thompson Heyl, Royster, Voelker & Allen, P.C., Peoria Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 24, Number 1 (24.1.62) Health Law Update By: Roger R. Clayton, Mark D. Hansen, and J.

More information

Supreme Court of the United States

Supreme Court of the United States No. 11-1197 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- VERNON HADDEN,

More information

Terms and Conditions

Terms and Conditions Terms and Conditions RECITALS LANTER Logistics LLC is a freight broker licensed by the Federal Motor Carrier Safety Administration (FMCSA) MC #955797, and as a licensed broker, LANTER, arranges for transportation

More information

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al.

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al. UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al. : Ruling on Motion for Summary Judgment [Doc. #82] After

More information

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. JANENE RUSSO and GARY RUSSO, v. Plaintiffs-Respondents, CHUBB INSURANCE COMPANY

More information

ARIZONA TORT CLAIMS ACT & IMMUNITIES INTRODUCTION. Claims against public entities and public employees require special attention.

ARIZONA TORT CLAIMS ACT & IMMUNITIES INTRODUCTION. Claims against public entities and public employees require special attention. ARIZONA TORT CLAIMS ACT & IMMUNITIES I. INTRODUCTION Claims against public entities and public employees require special attention. Public entities and public employees are protected from certain liabilities

More information

F I L E D June 29, 2012

F I L E D June 29, 2012 Case: 11-20469 Document: 00511904997 Page: 1 Date Filed: 06/29/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D June 29, 2012 Lyle

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

Adding the Insurance Run: Coverage Lessons from Deepwater Horizon

Adding the Insurance Run: Coverage Lessons from Deepwater Horizon Adding the Insurance Run: Coverage Lessons from Deepwater Horizon Edward M. Grauman egrauman@bdlaw.com 512-391-8025 Introduction BP leased rig from TO under drilling contract. Undersea oil spill led to

More information

G U E S T E S S A Y S

G U E S T E S S A Y S Comparing and Maximizing Performance Bond and Commercial General Liability Protections Frank L. Pohl, Esq. and James C. Washburn, Esq. Often when acting as the prime on a construction project, the design

More information

COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION PLAINTIFFS-APPELLANTS, DEFENDANT-RESPONDENT, DEFENDANT.

COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION PLAINTIFFS-APPELLANTS, DEFENDANT-RESPONDENT, DEFENDANT. 2000 WI App 171 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 99-0776 Complete Title of Case: RONNIE PROPHET AND BADON PROPHET, V. PLAINTIFFS-APPELLANTS, ENTERPRISE RENT-A-CAR COMPANY, INC.,

More information

2012 IL App (5th) 100579-U NO. 5-10-0579 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2012 IL App (5th) 100579-U NO. 5-10-0579 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 05/03/12. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2012 IL App (5th) 100579-U NO. 5-10-0579

More information

Supreme Court of Missouri en banc

Supreme Court of Missouri en banc Supreme Court of Missouri en banc MARK KARSCIG, Appellant, v. No. SC90080 JENNIFER M. MCCONVILLE, Appellant, and AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent. APPEAL FROM THE CIRCUIT COURT OF PETTIS

More information

RESPONDENT'S ANSWER BRIEF JAMES H. WHITE, JR. STAATS, WHITE & CLARKE. Florida Bar No.: 309303. 229 McKenzie Avenue. Panama City, Florida 32401

RESPONDENT'S ANSWER BRIEF JAMES H. WHITE, JR. STAATS, WHITE & CLARKE. Florida Bar No.: 309303. 229 McKenzie Avenue. Panama City, Florida 32401 IN THE SUPREME COURT OF FLORIDA FILED THE TRAVELERS INSURANCE COMPANY and THE PHOENIX INSURANCE COMPANY, vs. Petitioners, CASE NO.: 85,337 BRETT ALLAN WARREN, Personal DISTRICT COURT OF APPEAL Representative

More information

No. 99-C-2573 LEE CARRIER AND HIS WIFE MARY BETH CARRIER. Versus RELIANCE INSURANCE COMPANY

No. 99-C-2573 LEE CARRIER AND HIS WIFE MARY BETH CARRIER. Versus RELIANCE INSURANCE COMPANY Ed. Note: Opinion Rendered April 11, 2000 SUPREME COURT OF LOUISIANA No. 99-C-2573 LEE CARRIER AND HIS WIFE MARY BETH CARRIER Versus RELIANCE INSURANCE COMPANY ON WRIT OF CERTIORARI TO THE COURT OF APPEAL,

More information

DEFENSE OF TRANSPORTATION SEMINAR: The Litigation of Truck Accidents: Coverage Issues

DEFENSE OF TRANSPORTATION SEMINAR: The Litigation of Truck Accidents: Coverage Issues 10 South Riverside Plaza, Suite 1530 Chicago, Illinois 60606 312-454-5110 Fax: 312-454-6166 www.rusinlaw.com DEFENSE OF TRANSPORTATION SEMINAR: The Litigation of Truck Accidents: Coverage Issues Original

More information

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS Docket No. 107472. IN THE SUPREME COURT OF THE STATE OF ILLINOIS ZURICH AMERICAN INSURANCE COMPANY, Appellant, v. KEY CARTAGE, INC., et al. Appellees. Opinion filed October 29, 2009. JUSTICE BURKE delivered

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA PLAINTIFF S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA PLAINTIFF S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION MICHAEL GLENN WHITE, et. al. Plaintiffs v. VIRGINIA BOARD OF EDUCATION; et. al., Defendants. Case No. 3:00CV386

More information

Limited Liability Partnerships

Limited Liability Partnerships College of William & Mary Law School William & Mary Law School Scholarship Repository William & Mary Annual Tax Conference Conferences, Events, and Lectures 1995 Limited Liability Partnerships James J.

More information

Whose Responsible For Financial Responsibility?

Whose Responsible For Financial Responsibility? Whose Responsible For Financial Responsibility? NC Court Holds Liability Policy for Commercial Vehicle Automatically Provides Minimum of $750,000 of Coverage, Despite Owner Request For Lesser Coverage.

More information