Question
We had an in-frame done on a truck in Odessa, tx, (fo about $9,500.00), and by the time he made it to Houston, a piece of the valve came off and tore up one cylinder. The truck was towed to the Freightliner house, where the trailer had to be dollied down beside the Freightliner house, so that the engine could be fixed. Before the truck was finished, someone came and stole the trailer, load and all. We turned in a claim, and now, about a month later, we get a letter in the mail stating that there is no insurance on the load, because it was not attatched to the truck.
Is this a common thing, for an insurance company to disqualify cargo because it's not attatched to the truck? Has anyone else been through this before? What was your outcome?
prickly pear
What goes around, comes around. So be careful what you wish on someone else!
Answer
Finding excuses for not covering a loss is nothing new to the insurance industry, but I can't really speak for your individual circumstance as I do not know what sort of exclusions your policy includes.
I would check your policy first, instead of relying on the insurance company's word. If you can't figure out all the fine print and doublespeak, ask your attorney. If you still cannot get any satisfaction, how about the shop's insurance? After all, they were the ones who removed the trailer from the truck to make the repairs. It was thier property the trailer was stolen from. I don't care what they post as to the alledged limits to thier liability, they have some responsibility.
I would call my lawyer anyway and let him handle it if you feel you cannot, or should not, do this yourself. It should be a simple matter, but sometimes seemingly simple things turn out to be quite complicated. When it gets this way, I turn to the proffessionals that are properly trained to handle such matters.
Good luck!
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Answer
Many insurance polices provided a clause that states something to this effect "trailer when singularly attached to described power unit".
It has been incorporated in policies for years and your agent should have pointed this out to you.
However, do you have your own authority? Do you have a filing for Liability AND Cargo (as a common carrier you would, but as a contract carrier you would not have the cargo filing)?
If you have a cargo filing, you may want to discuss coverage with your agent subject to the terms of the filing.
But, the down side is that if you have an MCS90 form and the insurance company pays the claim subject to the terms of the filing, you may responsible to reimburse them for the damages.
At either rate, contact your agent and discuss your options with them. They would better be able to assist you.