The Hub: Transportation News & Insights

February 2016

Illinois Appellate Court: A Contingent Automobile Liability Policy Is Not an Excess Policy 


The Appellate Court of Illinois, First Judicial District, was recently confronted with the interpretation of a Contingent Automobile Liability insurance policy and the coverage available to the insured where the policy stated that coverage “shall not apply” if the insured has “valid and collectible Automobile Liability insurance of any nature.”

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Defending Against the Reptile                                                                                                                                              


The Reptile Theory, the strategy of generalizing the defendant’s conduct so that the jury members feel personally threatened by the alleged dangerous actions, is now a threat to defendants as plaintiffs’ firms are implementing the technique with great success. Currently, the Reptile Theory’s official website claims that the strategy has resulted in more than $ 6.1 billion in verdicts and settlements across the country.

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To Comply or Not to Comply: The California Transparency in Supply Chains Act

Although California’s Transparency in Supply Chains Act does not specifically target the transportation, cargo and/or container community, these companies, whether doing business inside or outside California, should be aware of the statute’s requirements. While suppliers to companies located outside of California are not legally bound to comply with the Act, they will be affected by their business partners’ requirements to adhere to what is expected to become a de facto standard of performance for all companies throughout the country.

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transNL_Limit Exposure  

Limiting Exposure in Negligent Hiring and Retention Claims: The FAST Act’s Exclusion of CSA Data from Public View

The FAST Act directs the Federal Motor Carrier Safety Administration to commission a study of the Compliance Safety Accountability program and institute a corrective action plan within the next two years or so to address many inaccuracies in data compilation and analysis. In the interim, the FMCSA must remove certain data from public view.

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