|Congratulations to TLA Membership Recruitment Winners
These members were included in a drawing for three valuable prizes as a result of their efforts in recruiting members for the 2013-14 membership year.
- Rod Fracassi - $500 off registration to the 2015 Annual Conference
- Dorothy Capers - Free 2014-15 annual membership
- Patrick Foppe - Free registration to either 2014 TLI, the 2015 Chicago Regional Seminar or one webinar
Be sure anyone you recruit includes your name as their reference on their membership application.
TLA Membership Renewal
This is to let you know that membership renewal season is upon us. Renewals were mailed to members; be on the lookout in your mail next week.
should you wish to renew your membership online.
John. R. Ruhl, TLA Member, Appointed to King County Superior Court
John R. Ruhl, longtime TLA member, was appointed by Washington State Governor, Jay Inslee, to the Bench of the King County Superior Court. John Ruhl is a member of Ryan, Swanson & Cleveland PLLC in Seattle, where he serves as Chair of the Transportation Group. He is the former President of the King County Bar Association and serves as past President of the Risk Management Association Puget Sound Chapter. He will join the bench on April 1, 2014.
We congratulate John and wish him the best!
Changes and Best Wishes to TLA Staff
This is to inform you that TLA's Executive Director and Meeting Planner have taken on other employment opportunities. Stephanie Newman will be working with a new client at Applied Measurement Professionals (AMP) after serving as TLA's Executive Director since 2001. Tonja Britt has left AMP for another employment opportunity at a non-profit association in the Kansas City metro area after serving as TLA's Meeting Planner for the past couple of years.
The TLA Executive Committee, committee chairs and members have enjoyed working alongside Stephanie and Tonja. We thank Tonja for planning and executing two annual conferences (2011-2012) as well as negotiating contracts for future conferences and her assistance with planning the Transportation Law Institutes and Executive Committee meetings.
We particularly thank Stephanie Newman for her ability to serve our members, guide the TLA Executive Committee to make many good decisions, and direct volunteer leader efforts to create and offer the best programs and services to our members. Stephanie will continue to work at AMP and has been given the opportunity to work with a new client that will benefit from her many talents. Stephanie will continue to work behind the scenes on TLA to ensure that a clean transition occurs between herself and the newly assigned Executive Director. Though we are sad to see Stephanie leave, we wish her the best in her new venture.
Meet the New TLA Staff
We are pleased to announce Janene Dawson, has become TLA's Executive Director, and will continue to work and train with Stephanie Newman through the Annual Conference. We are further pleased to introduce Aesha Beattle as TLA's new Meeting Manager (filling Tonja's vacancy) effective immediately.
TLA's Executive Office Leadership staff:
Janene Dawson, MBA, Executive Director
Diane Conner, Administrative Assistant
Aesha Beattle, CMP, Meeting Manager
Street Address (Overnight mail only)
18000 W. 105th St.
Olathe, KS 66061-7543
8:30 a.m. - 5:00 p.m. Central Time.
Monday through Friday.
Closed all major holidays
TLA looks forward to working with our new Executive Director and Meeting Manager to continue to serve our members, and accomplish TLA's strategic goals and objectives.
In Memoriam - Robert T. Franklin Passes Away
It is with great sadness that we inform you of the passing of our friend and TLA member, Robert T. Franklin of Franklin & Prokopik. Mr. Franklin died Saturday, November 23, 2013 while on vacation with his beloved spouse, Cynthia. Please keep him, Cindy, and their three boys, Bobby, Greg and Danny, in your thoughts and prayers. Mr. Franklin, known as Bob to all, will be greatly missed.
For details regarding funeral arrangements, please check the website www.fandpnet.com
in the next few days.
FMCSA’s Response to TLA Letter Regarding Broker Regulations
On July 30, 2013, TLA sent a letter to the Federal Motor Carrier Safety Administration expressing our collective concerns concerning the implementation of the new broker regulations. The letter was previously posted on TLA's website on August 5, 2013 under TLA Announcements. Click here to view the response from FMCSA that was received on October 15, 2013
TLA Webinar Series Continues
Registration is now open for the next TLA webinar, October 1: Freight Claims and Cargo Insurance: What Happens When Coverage Does Not Match Exposure; Strategies for Litigation and Risk Management.
Click here for more information and to register.
Have You Ever Wanted to Have TLI In Your Own Hometown?
TLA will be considering sites located in the middle and eastern parts of the country for the 2014 Transportation Law Institute (TLI).
Express your interest in bringing TLI to your city by completing a short on-line application which is designed to assist TLA with determining the next TLI venue.
Click here to complete the application and submit it to the TLA Executive Office by October 1 in order to have your city considered as the next TLI site.
TLA Sends Letter to FMCSA
At the TLA Executive Committee's summer meeting held on July 27, the TLA Officers and Representatives-at-Large discussed our concerns about the implementation of MAP-21. At the end of our discussions, the Executive Committee voted to send a letter to the Federal Motor Carrier Safety Administration expressing our collective concerns concerning the implementation of the new broker regulations.
TLA Forums Now Available
Please see the email members were sent on Thursday, May 30, regarding TLA Forums, a new way for TLA members to share information with and ask questions of other members, or click here for more information.
Report of the TLA New Members Committee
NEW MEMBERS COMMITTEE EXPANDS ITS REACH
In years past, the Transportation Lawyers Association's Young Lawyers/New Members Committee was geared toward young lawyers just entering the profession. However, what many members did not realize was that this Committee was also established for seasoned attorneys who are just coming onboard with TLA and/or may just be entering the fray of transportation law later on in their careers.
The Committee strives to provide a "welcome mat" for all new members at all skill levels. In the future, the Committee hopes to sponsor welcome receptions and dinners at the various TLA events held throughout the country, from the always informative Transportation Law Institute (held this year in Los Angeles, California) and Chicago Regional Seminars to the TLA Annual Conference, in Napa Valley, California.
Recently, the Committee piloted a Mentor Program in which established TLA members were associated with new members/non-members in an attempt to assimilate them into the goings on of the TLA. The Program turned out to be a wonderful success, with many non-members joining the TLA. Currently, we have twenty mentor/mentee groups with hopes to sign up more in the future. We believe these relationships will be invaluable in getting the mentee more interested in the organization as a whole, as well as encouraging them to attend the various TLA functions, always with an eye towards networking and camaraderie among peers.
If anyone is interested in becoming a mentor or mentee (or just looking for more information about the next Mentor Program), or if anyone is interested in joining this very worthwhile Committee, please don't hesitate to contact us for further information. And for all those new members, welcome to the TLA and please let us know if we can be of any assistance!
*Charles E. Riley, IV is the Chairman of the New Members Committee and is a partner with the law firm of Simon, Peragine, Smith & Redfearn, L.L.P. in New Orleans, Louisiana.
TLA Announces 2013-14 Officers and Executive Committee
The Annual Membership Meeting of the Transportation Lawyers Association was held on Thursday, May 2, 2013 at The Meritage Resort & Spa in Napa, California and the following officers were elected:
President, Dirk Beckwith, Foster, Swift, Collins & Smith PC, Farmington Hills, Michigan
President-Elect, Marc Blubaugh, Benesch, Friedlander, Coplan & Aronoff LLP, Columbus, Ohio
First Vice President, Richard Westley, Westley Law Offices, S.C., Madison, Wisconsin
Second Vice , Steve Novy, Chilton, Yambert, Porter & Young LLP, Chicago, Illinois
Secretary/Treasurer, Frank Botta, Eckert Seamans Cherin & Mellott, LLC, Pittsburgh, Pennsylvania
President-Elect Dirk Beckwith, of Foster, Swift, Collins & Smith PC, Farmington Hills, Michigan, automatically succeeded to the office of President and President Gordon Hearn, of Fernandes Hearn LLC, Toronto, Ontario, Canada, became the organization’s Immediate Past President.
The following individuals were elected to serve two-year terms as Representatives-at-Large on the Executive Committee:
Heather C. Devine, Gowling Lafleur Henderson LLP, Hamilton, Ontario, Canada
Mickey R. Dragash, Gordon Trucking, Inc., Westerville, Washington
Pamela B. Johnston, Transplace, Lowell, Arkansas
Charles E. Riley, IV, Simon, Peragine, Smith & Redfearn, LLP, New Orleans, Louisiana
In addition, Kim Stoll, of Fernandes Hearn LLP, Toronto, Ontario, Canada, was elected to serve a one-year term as the Designated Representative of the Canadian Transport Lawyers Association.
The four current Representatives-at-Large whose terms will continue for another year include:
Rod Fracassi, Con-way Inc., Ann Arbor, Michigan
Kathy Garber, Strasburger & Price LLP, Houston, Texas
David Hall, Baker, Donelson, Bearman Caldwell & Berkowitz, PC, Birmingham, Alabama
Chris Kelly, Gallivan, White & Boyd, PA, Charlotte, North Carolina
Special thanks go out to Louis Amato-Gauci, Dan Doyle, Rob Reeb and Tony Swafford for their service to TLA in completing their two-year terms as Representatives-at-Large, and Pat McMonigle, who completed six years of service to the organization as an officer, having stepped down from his position as Immediate Past President.
TLA Remembers Carl L. Steiner
Long time TLA and MCLA member
Carl Steiner passed away on March 29, 2013, at the age of 98. He spent his entire distinguished career as a
member of the highly respected Chicago firm of Axelrod, Goodman, Steiner &
Bazelon. He was perhaps best known as
the prevailing attorney in the famous “mud flaps” case, Bibb v. Navajo
Freight Lines from 1958, which helped generations of law students master
the nuances of the Commerce Clause. A
full obituary will appear in the July issue of The Transportation Lawyer.
CCH/Wolters Kluwer Subscription Offer for TLA Members
CCH/Wolters Kluwer offers a 15% subscription discount to TLA
members on several of their products. Information about these discounts
is available through advertising placed in each issue of The Transportation
Lawyer (TTL). The February issue of The Transportation
Lawyer ran an incorrect version of this the CCH/Wolters Kluwer ad.
The correct ad has been updated in the on-line version of TTL and is also
TLA Annual Conference
Mark your calendar for the May 12-16, 2015, for next year's event at the Omni Scottsdale Resort & Spa at Montelucia in Scottsdale, Arizona. Click here for the latest information regarding the TLA Annual Conference and CTLA Mid-Year Meeting.
Remembering Jim Patterson
It is with great sadness that we share with TLA members the passing of another long-time TLA member, Jim Patterson (1940-2012).
The following are reflections of Jim. Several have been added recently.
From Greg Summy, TLA President 2006-2007
Don Vogel and I attended Jim Patterson’s Memorial Service
Saturday morning in Swarthmore, PA. The theme of my report is “no
The Church was packed and overflowing. If the Fire Marshall had
been there, she’d have shut it down. No surprise there.
Remembrances of Jim were entirely consistent with the Jim Patterson TLA
members knew and loved. Jim’s capacity for friendship and enjoying the
company of his friends, family and colleagues was infinite. The message
from the formal remembrances and the conversations that I had with friends of
Jim’s at the reception were very similar. Jim had the ability to make
other people feel great in his company and therefore, when Jim was in the room,
everyone wanted to be with him. No surprise there either.
TLA is lucky to have had a wonderful member and friend like
Jim Patterson. His was truly a life well lived.
From Don Vogel, TLA President 2007-2008
to add to Greg’s comments, Jim was eulogized by four people at the service, his
neighbor, a friend/client, his long-time law partner who Jim mentored for many
years, and his daughter, Nancy. For each of them, there were a lot of
tears, but it was one of those situations where you were crying while
laughing. It was very emotional, and very Jim - he planned the entire
service. Each of the four speakers were limited to two minutes.
None of them came close to finishing within this time frame, and the minister
finally had to cutoff the neighbor.
will share one story. Nancy told of a story where she and her brother,
Mac, got to golf with their dad once on a trip to Florida. The neighbor
earlier commented about how Jim was always so calm and controlled and that he
once golfed with Jim and saw him completely out of character and lose his
temper on the golf course. Nancy remarked to the neighbor that, as far as
losing his temper, you should have seen him during their round with their dad
after he hit the same dead tree in the middle of the golf course on three
consecutive shots. As Nancy tells it, she and Mac were cowering behind the
golf cart after the third shot. To those of us who have known Jim, he
expected the best of himself and each of us – even on the golf course where the
results don’t always come through.
Greg and I were honored to represent the TLA at the
service, and honored to have known Jim, both on and off of the course.
From Bill Taylor, TLA President 1995-1996
I join with our other colleagues to express my
appreciation for caring the TLA colors at Jim's memorial service. All of the platitudes
correctly capture the spirit, heart and soul of Jim, a true friend who is and
will be greatly missed, along with another Jim (Flint who will be coaching the
Irish tonight from God's press box), both of whom left us far too soon.
As some of you may know, Jim, Bruce Mitchell and I formed our own "unholy
alliance" to support each other as we were diagnosed and battled prostate
cancer at the same time nearly 15 years ago. Jim's passing is even harder to
accept given this common and unwanted bond that drew us together because of our
TLA collaboration. I see and take strength from Jim's warm, yet mischievous,
smile and feel his hearty handshake each and every day.
God Bless us all for having had the opportunity to share life with Jim, a true
friend in every sense of the word.
From Bob Alderson, TLA President 1999-2000
I join with everyone else in expressing my appreciation to Greg and Don for
attending and representing Jim’s countless friends in TLA. He was a
terrific person, and it will be hard to imagine a TLA conference golf
tournament without Jim.
From Eric Zalud, TLA President 2008-2009
A great guy, and an excellent
lawyer with a good heart. Glad you guys were there. He will be missed. ELZ.
From Bill Davis:
Thanks for sending this
out and thanks for attending. Jim was a great guy and great golf companion. He
will be missed!!
From Gordon McAuley, TLA President 2009-2010
I recall meeting Jim Patterson at my first TLA annual conference more than 20 years ago. He exemplified what I later learned was a common character of TLA members: smart, friendly, an excellent lawyer, and inveterate sandbagger as a golfer. He was a great guy who left us far too soon, and will be greatly missed.
From Dick Westley
Growing up and eventually practicing law in the Midwest, I often heard the term “Philadelphia Lawyer” but I was never sure what it really meant. It seemed to imply exceptional expertise, unparalleled courtroom skills, and the kind of power people associate with lawyers at the top of the profession. It also seemed to carry with it a connotation of hauntiness, arrogance and smug superiority.
Then I met Jim Patterson, and it all became clear. Jim, the true Philadelphia Lawyer, embodied all of the good and none of the bad. He lit up every room he walked into. His confident smile went with his handsome demeanor and his infectious sense of humor. His handshake was firm and friendly. He was wonderful to talk to no matter what the topic was. He made you feel that he cared about you, and you always knew he was someone who would be there for you if needed.
Jim was a long-time member of TLA who was readily available and knowledgeable to assist his TLA colleagues with legal matters in Eastern Pennsylvania and adjoining areas. He served the Association in many ways, including several terms as an at-large member of the Executive Committee, and was always willing to give a presentation or put on a panel when asked to do so. He imparted his knowledge and experience with an easy going style that was entertaining enough to hold ones interest, yet fully informative and useful. His Distinguished Service Award in 1990 was well deserved, and was but a small token of appreciation for everything he brought to the organization.
I was aware Jim was ill, but I also knew he was a fighter who would not succumb easily, just as he proved time and again in his practice. I am deeply saddened by his passing, but I am greatly enriched by having known him as my friend. Thank you, Jim, for so many wonderful memories.
The announcement of his passing can be found here.
TLA Webinar Price Reduced!
TLA is reducing the price of the webinars. Starting with the December 12 webinar, the price for members will be reduced to $50 and $75 for non-members.
New Jury Verdict Summaries Now Posted for Kansas and Missouri
New Jury Verdict Summaries have now been posted for Kansas and Missouri. Jury Verdict summaries are located in the resources area and organized by state. The summaries can be searched by typing in a key word at the top of the Jury Verdict Summaries page.
Passing of a Beloved Long-Time TLA Member - Joel B. McCarty, Jr.
Joel McCarty, Jr. (1937-2012), another of TLA’s esteemed corporate counsel
members, passed away July 9, 2012. A
longtime member of TLA, Joel fulfilled a multi-faceted role with Old Dominion
Freight Line of Thomasville, NC, serving in recent years as Senior Vice President,
Secretary, and General Counsel. He
attended TLA’s Annual Conferences on occasion and, more frequently, its DC TLIs
and Chicago Regional Seminars. He had
great respect and admiration for TLA and its members, often consulting its
directory of attorneys as a reliable resource to locate local outside counsel
as needed. Please watch for the complete
Memoriam to Joel Bolton McCarty, Jr. in a future issue of The Transportation Lawyer.
TTL - July 2014 Issue Released
The July 2014 issue of The Transportation Lawyer is now available in .pdf and its online-friendly version using Issuu software. Click here to log in and view the April TTL.
TLA Bids Farewell to Another Distinguished Past President
From Dallas, Texas comes the sad news of the passing of yet another iconic figure from our past, Leroy Hallman, who served as President of the Motor Carrier Lawyers Association in 1970-1971. Leroy was a passionate advocate whose diminutive stature belied his amazing intellect as well as his zealous advocacy not only of his clients but of the regulatory system he staunchly defended. His son Sam Hallman followed in his father’s footsteps not just in the legal profession but in the Hallman tradition of community service as well. Sam just completed his six-years of service on the TLA leadership ladder, highlighted by his presidency in 2010-2011, forty years after his father’s.
Please watch for the complete Memoriam to Leroy Hallman in your next issued of The Transportation Lawyer and if you would like to share your own personal remembrances of this unique individual, sent them to Second Vice-President Richard Westley at firstname.lastname@example.org and he will get them posted on the TLA website in the coming weeks.
Memories from TLA Friends
Leroy was, all at one time, kind, wise and humorous. Warmth surrounded him. My most memorable time with Leroy was at one of the TLA's golf tournaments. He ended up very close to the pin on a 125 yard hole and clearly in play for the closest to the hole prize. His principal concern however was not the prize. Rather, he swore me to secrecy - he used his driver to get there. I'll miss him. – Jim Patterson
To me, Leroy was a kind, tolerant, and keen mentor who, along with Phineas Stevens and my "boss," Alvis Layne, provided inspiration and guidance (as well as stern admonishment when appropriate) as I attempted to navigate my way, right out of law school, through the tangles of ICC hearings, local joint boards manned by Southern gentlemen, and arcane "rules" governing entry and expansion in the regulated motor carrier industry back in the day. Regrettably, few current members of TLA have had the pleasure of meeting let alone getting to know your dad. Too bad. As Hal said, a "great person." - Kim Mann
Leroy was a true gentlemen and a pillar in our legal community and beyond. – Bill Taylor (Sacramento)
One of my fondest memories of Leroy was several years ago when he and I tried an ICC case in Lafayette, Louisiana. Him with his Texas twang and me with my Mississippi drawl. No one understood either of us as they spoke Cajun. A wonderful person. - Hal Miller
It was privileged to have known Leroy. He was a grand gentleman. – Bob Alderson
I still remember Leroy's video message to TLA when Sam was inaugurated in Hilton Head -- in which Leroy sounded very much like the same delightful, brilliant, ornery, protestants' lawyer who dissected my shipper witnesses in ICC hearings long ago! - Mark Andrews
New TLA Member Benefit! Transportation Lawyers Association Newsstand
We are delighted to introduce Transportation Lawyers Association Newsstand, a collaborative initiative that delivers a tailored newsfeed to TLA members. TLA Newsstand is powered by innovative newsfeed service Lexology which enables them to utilise their global legal knowledge base to deliver essential know-how and market intelligence in a concise and digestible form, to keep you informed about transportation legal issues globally.
You will automatically receive TLA Newsstand as a benefit of being a valued TLA member. The initial service has been designed to reflect your assumed industry practice areas, supplementing these with work areas identified by Lexology’s research team as being of potential interest to you. To customize the practice areas click on the account link in the email sent to you on June 18. The link will allow you to view any additional work areas and/or jurisdictions you would like to be kept up to date on. You should expect to receive your first newsfeed on Thursday, June 21. If you did not recieve the introductory email with a link to your account, please contact email@example.com and he will re-send the message to you.
You are free to change your settings (which include receiving the newsfeed weekly instead of daily) or cancel your subscription at any time, including by clicking on your account link, if you do not wish to subscribe. Your personal details will remain confidential at all times.
If you experience any technical issues or have any feedback, please contact firstname.lastname@example.org.
If you would like to contribute articles to this service, please contact email@example.com.
The TLA Newsstand is brought to you by Globe Business Publishing Ltd.
To ensure you receive emails from Lexology, please add the domain '@lexology.com' to your safe senders list.
To be removed from this mailer list please reply with the subject line 'remove'.
TLA Announces 2012-13 Officers and Executive Committee Members
Annual Membership Meeting of the Transportation Lawyers Association was
held on Thursday, May 3, 2012 at the Ritz-Carlton Golf Resort in Naples,
Florida and the following officers were elected:
Dirk Beckwith, Foster, Swift, Collins & Smith PC, Farmington Hills,
First Vice President, Marc Blubaugh, Benesch, Friedlander,
Coplan & Aronoff LLP, Columbus, Ohio
Second Vice President, Richard Westley, Westley Law Offices,
S.C., Madison, Wisconsin
Secretary/Treasurer, Steve Novy, Chilton, Yambert, Porter &
Young LLP, Chicago, Illinois
Gordon Hearn, of Fernandes Hearn LLP, Toronto, Ontario, Canada automatically
succeeded to the office of President and President Pat McMonigle, of Dysart
Taylor Cotter McMonigle & Montemore, PC, Kansas City, Missouri became the
organization’s Immediate Past President.
The following individuals were elected to serve two-year terms
as Representatives-at-Large on the Executive Committee:
Fracassi, Con-Way Inc., Ann Arbor, Michigan
Kathy Garber, Strasburger & Price, LLP, Houston, Texas
David Hall, Baker, Donelson, Bearman, Caldwell & Berkowitz,
PC, Birmingham, Alabama
Kelly, Gallivan, White & Boyd, P.A. Charlotte, North Carolina
addition, Dan Ryall, of Fillmore Riley, LLP, Winnipeg, Manitoba, was elected to
serve a one-year term as the Designated Representative of the Canadian
Transport Lawyers Association.
four current Representatives-at-Large whose terms will continue for another
Doyle, Lathrop & Gage LLP, Clayton, Missouri
Louis Amato-Gauci, Aird & Berlis LLP, Toronto, Ontario,
Reeb, Marwedel, Minichello & Reeb, P.C., Chicago, Illinois
Tony Swafford, Adams & Reese, Nashville, Tennessee
thanks go out to Hillary Arrow Booth, Jeff Simmons, Brian Del Gatto and Tamara
Goorevitz for their service to TLA in completing their two-year terms as
Representatives-at-Large, and Sam Hallman, who completed six years of service
to the organization as an officer, having stepped down from his position as
Immediate Past President.
In Memoriam - Roy Pinsky Passes Away
Roy Pinsky, 64, a very long time
member of TLA, died peacefully at his home on March 5, 2012 after a long
illness (cancer). Roy
lived in Syracuse,
all of his life. Many of us remember Roy
as chairman of the golf committee and a participant in the golf tournaments at
many TLA annual meetings. He and his wife, Stephanie, were regular attendees of
the annual conference. His father Norman was a TLA member and his son Todd is
currently a TLA member—three generations of TLA membership.
graduated from the Syracuse University School of Management in 1969 and he
received his J. D. from Syracuse University College of Law in 1971. He was a
practicing attorney, and partner at Pinsky & Skandalis in Syracuse,
He was proud to practice law with his father, brother, son, and longtime
partner George Skandalis over the course of his 40 years in the profession. Roy
was a member of Shaarei Torah Orthodox Congregation of Syracuse. In addition to TLA, he was a
member of the Onondaga County Bar
Association, the New York State Bar Association, and chairman of the Ahavath
Achim Cemetery Board. He was a lifetime supporter of Syracuse University
athletics and an avid golfer. Roy
also served as a special consultant to the Syracuse Board of Education,
instructing administrators and teachers in legal principles and concepts. He
received an honorable discharge from the U. S. Army. Roy was the former Vice President of his
religious congregation and served in various capacities with local fraternal,
religious and political organizations.
his time and resources to his community, but the most important thing in his
life was his wonderful loving family. Roy is
survived by his wife, Stephanie; their children, Alissa and Scott Jerome and
Sarah and Todd Pinsky; their grandchildren, Zachary and Samantha Jerome, and
Charlotte and Nathan Pinsky; his sisters, Elaine (David) Bluman and Naomi
Blumenthal; sister-in-law Marilyn Pinsky; and his nieces and nephews. Roy
was predeceased by his parents Norman and Rose Pinsky and his brother Philip
Pinsky, also a TLA member who died in July of last year. Contributions in Roy's memory may be
made to Shaarei Torah Orthodox Congregation of Syracuse, 4313 E. Genesee Street,
13214 or the Rose
and Norman Pinsky Scholarship Fund in care of Syracuse University College of
425, Syracuse, NY
13244-1030. TLA extends its heartfelt sympathy to
Stephanie, Alissa and Todd at this time of their loss.
Understanding the New Motor Carrier Coverage Form
Until recently, owner-operators and small trucking fleets generally obtained their bodily injury and property damage insurance coverage on a “Trucker’s Coverage Form” generated by Insurance Services Office, Inc. (“ISO”) and widely used by most underwriters.
However, in 2010, ISO discontinued the use of the “Trucker’s Coverage Form” and, instead, began generating a new form, known as the “Motor Carrier Coverage Form” (the “New Form”). Certain underwriters began using the New Form almost immediately while others are migrating to the New Form as they update their policy forms. Among other things, the New Form demands a sophisticated understanding of contracting practices as the scope of coverage, and the primacy of coverage, specifically turns on language contained in lease agreements and other contracts.
Naturally, many owner-operators and trucking fleets have questions about the New Form. These questions may include, but are not limited to, the following:
· How does the New Form change the definition of “insured”?
· Could an indemnification provision in a lease agreement affect my coverage?
· How important is it that a lease agreement be in writing?
· Under what circumstances does the New Form create primary coverage and excess coverage?
· Does the New Form treat “other insurance” as primary or excess?
· What language should I use or avoid in drafting owner-operator agreements, access agreements, shipper-carrier contracts, broker-carrier contracts, and equipment leases in order to maximize coverage under the New Form?
· What “Truth-in-Leasing” federal regulations’ provisions are required in my lease?
TLA is pleased to serve as a resource to those having questions about the New Form. Whether you are an insurance broker, an underwriter, an owner-operator, or the operator of a trucking company, if you have questions about the New Form, TLA stands ready to help. Please click the Lawyer Locator on the home page, select a state and select "yes" for “Motor Carrier Contracts” to see a current roster of TLA members (organized by state) who have indicated a willingness and competency to provide advice relating to the New Form.
We hope that you find this specific resource useful. Please understand that TLA is not endorsing any particular attorney, vouching for any attorney’s competence in these areas, or suggesting an appropriate fee agreement, if any, for any services that a TLA member might ultimately provide relating to this subject. TLA is not responsible for the content of any advice that you may ultimately obtain from any attorney appearing on the roster.