Trucking

Trucker Asleep in His Tractor Not Covered by Non-Trucking Liability Policy

A Louisiana federal court recently determined that a non-trucking liability insurance policy excluded coverage for a motor vehicle accident that occurred when a bobtailed tractor was pulled over on the side of the road while the driver slept. A “non-trucking liability” insurance policy provides insurance for “bobtailed” tractors, a tractor operated without a trailer, when […]

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Negligence Action Against an Employee and a Negligent Supervision Action Against the Employer are Mutually Exclusive

A plaintiff cannot simultaneously pursue a negligence cause of action against an employee and a direct negligent training and supervision cause of action against the employer, if the employee was in the course and scope of employment, according to a Louisiana federal district court. The plaintiff was injured when the driver of a Greyhound bus

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Bobtail Policy Provides UM Coverage When Tractor Not Bobtailing

In the trucking industry, “Bobtailing” means that a tractor is being operated without a trailer attached.  According to the Louisiana Third Circuit Court of Appeal, a Bobtail liability policy provides the insured with uninsured/underinsured motorist coverage, even when the tractor is not bobtailing, that is, attached to a trailer. In Castille v. Blum, handed down

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Trucking Company’s Bad Safety Scores Not Proof of Irresponsibility

The U.S. Fifth Circuit recently upheld the dismissal of a personal injury lawsuit against a trucking company that contracted with another trucking company with high BASIC scores in unsafe driving, fatigued driving and maintenance. The plaintiffs in the lawsuit were injured in a collision with a truck operated by A&Z Transportation in November 2011. The

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