McElfish
Law Newsletter May Vol 1 Issue 1 Related articles
“California
Insurance Regulation 11580.9: The Silent Killer for CA Trucking
Insurers” - Full
text of article
“Going Going Gone’” - Full
text of article
"Ninth Circuit Household Goods shippers Attourney Fees in
All Litigation" - Full
text of artticle
DOT
FMCSA
- Recordkeeping requirements Full text
of rulemaking
- Hours of service
- Revisions to 49 C.F.R. Part 386, the Rules
of Practice Applicable to Civil Penalty proceedings
- Sleeper berth rest periods
- Enforcement of operating authority requirements
- Limitations on commercial driver licenses
with a hazardous materials endorsement
- Unified registration system
- Supporting documents for hours of service
records
National Highway Traffic Safety Administration (NHTSA)
- Rear convex cross-view mirrors
HR 3: Transportation Equity
Act revised
S 95: Federal length and weight limits on
trailers
HR 420: Lawsuit Abuse Reduction Act of 2005
S 5: Class Action Fairness Act
HR 623: Breaks on tour of duty for certain vehicle
operators
HR 572: Motor vehicle transportation of agricultural
commodities
HR 242: Surface Transportation Research and Development
Act of 200
S 762: Highway funding budget reauthorized
Alabama
- HB 57: Axle requirements for vehicles carrying
raw forest products
- HB 210: Liability limits to property damage
claims
Arkansas
- SB 37: To require loads hauled by vehicles
to be covered
California
- Motor vehicle headlamp rules
- Section 35401 of the CA Vehicle Code
- Diesel Fuel Standard Proposal
- Rapid Response Freeway Clearance Bill
- AB 1048: Motor carriers and leasing
- AB 526: Uninsured motorist coverage for bodily
injury or wrongful death
Florida
- Increased penalty for auto insurance fraud
- HB 539: House bill on motor vehicle weight
limits and penalties
- SB 1882: Senate bill on motor vehicle weight
limits and penalties
- HB 653: Minimum coverage required for persons
retrofitting, rebuilding, or modifying trucks, trailers, etc.
Illinois
- HB 3814: Vehicle code for combination of 3
or more commercial vehicles
- SB 106: Weight limits for vehicles transporting
and mixing concrete
- HB 232: Max weight for trucks delivering propane
fuel
Indiana
- HB 1230: Certain indemnity agreements in motor
carrier contracts against public policy, thus unenforceable
Michigan
- HB 4192: Issuance of auto insurance certificates
Mississippi
- SB 2328: Increases statutory minimum for motor
vehicle liability insurance coverage
Missouri
New
York
- SB 1548: To permit emotional damages in wrongful
death actions
- SB 1035: Vehicles transporting loose cargo
- AB 3818: Blind spot mirrors on motor vehicles
- SB 287: Accident reports and cell phone usage
Ohio
Oklahoma
- HB 1967: Size and weight limitations
- HB 1246: Braking equipment of trucks and trailers
South
Carolina
- SB 529: Coverage when injured person not wearing
a seatbelt
- HB 3102: Damage assessment for uninsured motorists
Texas
- SB 1074: Hours of service laws, medical standards,
and driving records of commercial motor vehicles
Virginia
- SB 1016: Relating to over-length trucks
- HB 2575: Overweight permits for certain commercial
vehicles
West
Virginia
- HB 2496: Relating to max gross weight of truck-trailer
combinations
California Trucking Agency (CTA)
California Department of Insurance
- Workers comp. fraud arrests of Brawley Beef
Co. employees
- Encouragement of the CA Low Cost Auto Insurance
Program
Florida Department of Transportation
- “No-zone” areas of truckers
Mississippi Department of Insurance
- Insurance agent arrested for selling non-effective
policies
New York Department of Motor Vehicles
- Amendment to conduct periodic vehicle inspections
New York State Insurance Department Fraud Bureau
- Record number of fraud arrests in 2004
Texas Insurance Commissioner
- Rental car company regulation changes
Arkansas
- Responsibility of motor carrier unloading
in event of a consignee
California
- Application of new 2-year statute of limitations
for personal injury
- Can a “user” also be a “borrower”
of a truck
- Primary and excess insurers only allowed one
challenge to trial judge
Florida
- Limitation of liability for inland motor carrier
- Application of trucker’s general liability
policy
Illinois
- Cargo owner cannot be bound be a default judgment
on coverage
- Motor carrier’s tariff provisions not
filed, found inapplicable to transportation
- Insured’s claim against insurer seeking
less coverage than requested is barred
Indiana
- MCS-90 application when settlement proceeds
received under a loan receipt
Iowa
- Insurer’s sanction request denied with
no supporting substantial evidence
Louisiana
- Third party tort victim has no right of action
against trucking company’s insurer
Missouri
- Insurer free to settle if insurer breaches
defense obligation
New
Jersey
New
York
- Can primary insurer disclaim coverage upon
a late notice of lawsuit?
- Insurer fails to effectively disclaim coverage
in reasonable time
- Second carrier can limit liability to first
carrier
- Lessee’s permissive operator not barred
by anti-subrogation rule
- Policy cancellation in vehicle-for-hire accident
North
Carolina
- Worker comp. motion for partial summary judgment
granted
Ohio
- Coverage not applicable when city employee
“not correctly” using automobile
Pennsylvania
- Claims adjustment manual material discoverable
South
Carolina
- What constitutes a container versus a package
in shipping
- UIM coverage can’t extend to uninsured
vehicle
Texas
- Duty to defend in international bus accident
- Negligence and premises liability case lost
in lack of material fact of negligence
- Injuries incurred by improper maintenance
of trailer cannot claim strict products liability
- Two year and one day provision upheld in right
to recover case
- Defendant appeals wrongful death in overturned
semi accident
- Cancelled policy remained effective during
charter bus accident
Vermont
- MCS-90 endorsement in tractor coverage case
Washington
- Investigation or defense unnecessary when
claim outside scope of coverage
10th U.S. Circuit Court of Appeals
- Insured’s request for defense and indemnification
denied
- “Trucker’s Negligence a Jury Issue”
“You Means You,” addressing a tractor-trailer coverage
issue
Full text of article
- “Drawing the Line on Punitive Awards”
- “How to Defend When Technical Data is
Involved”
- “Coverage Expansion in Tractor-Trailer
Insurance?”
- “Defending an Insured in a Criminal
Case”
Full
text of article
Other News of Interest
- The North American Transportation Safety Alliance
Alcohol/Drug Consortium (NATSA)
Alabama
- "Truck accident: Head-on collision yields
$15,500,000 verdict for lower leg fracture"
California
- “Motorcyclist claimed truck was too
long for mountain road”
- “Freight engine struck commuter train,
killing 2 and injuring 100”
- “Driver removing snow chains off tires
truck by passing semi”
- “Back injury caused by collision between
two trucks, driver claimed”
- “Driver seriously injured after collision
with garbage truck”
Florida
- “Mother of two boys died after her car
was crashed by semi”
- “FedEx Manager ‘scrutinized’
after complaining about bias”
- “Teenager hit while slowing to make
illegal U-turn on I-10”
Illinois
- “Woman drove through town with husband
clinging to car”
- “Family awarded $4.2 million in truck
accident wrongful death suit.”
- “Girl struck by car that was backing
out of parking space”
- “Train conductor slipped into gap at
Metra station”
- “Truck’s dump box contacted power
lines, killing driver”
- “Garbage truck struck and killed woman,
driver fled scene”
- “Railroad worker claimed unsafe practice
led to back injury”
- “Bus passenger thrown upward when driver
took bump too fast”
Missouri
- “Rail worker claimed unsafe practice led to back injury”
New
Jersey
- “Man who got drunk at Giants game collided
with family car”
- “Fatal crash caused by driver with cruise
control set at 73 mph”
- “Driver opened door while bus was in
motion, rider claimed”
- “Plaintiff hit by truck whose insurer
was in liquidation”
New
York
- “Airplanes collided on runway, passenger
claimed injuries”
- “Bus driver made tight turn, caused
crash, plaintiff alleged”
- “Woman struck and killed by van while
standing on median”
- “Driver jumped green signal, caused
crash, plaintiff claimed”
- “Marsh & McLennan rigged insurance
bids, state alleged”
- “Woman struck by slow-moving truck while
in crosswalk”
- “Truck driver lost leg in collision
with tractor-trailer”
- “Trucker struck stalled vehicle on expressway”
Pennsylvania
- “Garbage truck’s brakes failed,
leading to head-on collision”
Texas
- “Accident on exit ramp caused truck
driver disabling injuries”
- “Rear wheels came off U-Haul, truck
crashed into guardrail”
- “Trucker on cocaine rear-ended van,
killing 2”
|
Archives
and Prior Articles
