Congress passed the Motor Carrier Act of 1980 (MCA) with the intention of overhauling "outdated and archaic regulatory mechanisms, while retaining the pluses of an industry that has worked by simply conducting itself under the ‘rules of the game.’ " Carolina Cas. Ins. Co. v. Yeates, 584 F.3d 868 (10th Cir. 2009) citing
Application Of The Carmack Amendment In Motor Truck Cargo Claims
By Steven V. Buckman on
Posted in Liability, Transportation Cargo Claims
Congress enacted the Interstate Commerce Act in 1887 to regulate interstate transportation. Then in 1906 it enacted the Carmack Amendment. The purpose of the Carmack Amendment is to establish uniform federal guidelines designed to remove the uncertainty surrounding a carrier’s liability when damage occurs to a shipper’s interstate shipment. The provisions and limitations of the…
Coverage Insurers Each Pay For One-Half Of The Defense
By Steven V. Buckman on
Posted in Insurance Coverage
A physician was sued for defamation and interference with business relations. The physician had liability insurance policies with two different insurers: Physicians Liability and American National. The doctor reported the lawsuit to both insurers.
Physicians Liability agreed to defend the lawsuit, but American National refused to provide a defense or participate in the cost of…
Perjury
By Steven V. Buckman on
Posted in Liability
Plaintiff filed a personal injury lawsuit against the Defendant that arose out of a gas pressure vessel explosion on an oil and gas lease. During the discovery phase of the lawsuit, a deposition was conducted of the former co-plaintiff in which the deponent testified he had installed a safety pressure valve three weeks prior to…
UM Insurance Coverage
By Steven V. Buckman on
Posted in Insurance Coverage
A lawsuit arose from a claim presented by the Plaintiff to the insurance company for uninsured motorist coverage. In the claim, Plaintiff stated that he was injured while riding his motorcycle. A red car passed him and cut-off a beige car traveling in the lane in front of him causing the beige car to brake…
Insurance – Bad Faith
By Steven V. Buckman on
Posted in Bad Faith
An apartment complex sustained a fire loss to its business and hired a public adjuster to assist in preparing the property damage claims. Subsequently, the apartment complex assigned its interest in the bad faith claims against the insurance company and insurance agency to the public adjusting company and, in turn, the public adjuster filed suit…
Insurance – Liquor Liability
By Steven V. Buckman on
Posted in Liability
A golf course was insured by an insurance policy which included "Liquor Liability Coverage". The parents of a 17-year-old girl working at a golf course brought a lawsuit against the golf course and its manager for allegedly providing alcohol to their daughter following a golf tournament. The girl attempted to drive after consuming a substantial…
Choice of Law Governing The Liability Under An Insurance Contract
By Steven V. Buckman on
Posted in Insurance Coverage
A product distributor in the oil-drilling industry was sued by several individuals claiming they were exposed to asbestos in the products distributed. The distributor subsequently filed claims with its multiple insurance companies seeking liability coverage. The insurers disagreed there was coverage for the liability claims under the policies. A series of declaratory judgment actions ensued…
Punitive Damages Are Exempted From A Supersedeas Bond
By Steven V. Buckman on
Posted in Damages, Tort Reform
As part of the tort reform law passed in 2009, 12 O.S. § 990.4(I),‘exempted punitive damages from the obligation to post a bond on appeal as a means to stay execution of a judgment. The legislation was declared unconstitutional by the Oklahoma Supreme Court citing Douglas v. Cox Retirement Properties, 2013 OK 37…
Oklahoma’s Statute Of Limitations For Contracts
By Steven V. Buckman on
Posted in Property Insurance
The statute of limitation under 12 O.S. § 95 requires that a lawsuit for breach of contract must be brought within five years if the claim arises from a written contract and within three years if the dispute comes from a contract not reduced to writing. The time in which to file the lawsuit starts at…