Commercial Transportation — Nicolaides Fink Thorpe Michaelides Sullivan LLP

Impacting virtually every aspect of our economy.

Overview
Experience
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Our attorneys regularly advise clients on the multitude of complicated liability and policy issues involved in commercial transportation coverage forms, such as:

Business auto coverage
Truckers coverage
Motor carriers coverage, including MCS-90 endorsements
Uninsured/underinsured motorists endorsements
Railroad liability/railroad protective

We have substantial experience analyzing these coverage forms and the coverage issues presented by commercial transportation claims, including:

Additional insured tenders
Insured status of driver
Ownership, maintenance or use of a covered auto
Pollution-related coverages or exclusions
Owned property exclusions
Punitive damages coverage
Analysis of contractual indemnity issues and insured contract coverage

Monitoring underlying transportation-related claims like train derailments and resulting evacuations, we provide advice on defense, claim management, claim evaluation and settlement.

EXPERIENCE

Case Study

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

Advised insurance company client regarding potential coverage under Canadian general liability and automobile policies for motor vehicle accident involving insured's employee in Missouri.
Obtained defense verdict for third-party defendant after a three-week jury trial that resulted in the then-largest FELA bodily injury judgment against the defendant/third party plaintiff.
Successfully resolved several transportation-related cases pre-suit after conducting and coordinating immediate response team investigations regarding liability.
Obtained partial dismissal of certain claims in a transportation case in Michigan involving the alleged wrongful death of a father of two minors.
Successfully resolved multi-party vehicle accident litigation involving severe injuries and potential for damages far exceeding client's policy limits, where "policy limits" demands were asserted.
Successfully resisted additional insured tender by shipper under motor carrier's policy in high-exposure personal injury case.
Monitored hundreds of underlying claims arising out of train derailment and pollutant release; coordinated the management of liability and valuation issues with the insured and oversaw the resolution of all underlying claims, all while avoiding any penetration of client's layer of excess coverage.
Represented a global insurer in New Mexico federal court regarding a trucking fatality.
Advised client regarding coverage for underinsured motorist claim asserted by spouse of insured owner/operator under Truckers Coverage Form.
Successfully tendered the defense of client's insured to the commercial auto insurer for the insured's contractor in a wrongful death action.