Legal Question in Business Law in Washington
Truck Brokerage insurance
I am an agent for a transportation broker. As an agent, I am requried to submit any potential trucker (sub contractor) to this broker for insurance & safety approval prior to shipping cargo. This broker approved the trucker and I used them to move a shipment of wine(in bond)from WA to CA. The cargo was stolen in CA. The trucker's insurance had an exclusion to move wine and the freight claim was denied. The broker does not want to take responsibility of claim but their insurance approval process does not include checking for exclusions. Is there negligence on the brokers behalf?
2 Answers from Attorneys
Re: Truck Brokerage insurance
It is very likely that a full review of the situation will leave a lawyer in a situation where he is unable to tell you with any certainty who will win or lose the case or who is or is not responsible. Often research projects like this turn out to be gray areas. If that is the case for you then you would look first for other insurance policies to cover the loss, then to the trucker himself to share some of the loss, then to sharing the balance of the loss, if any, with the broker.
Re: Truck Brokerage insurance
Without seeing all of the documents, I would not venture even a guess as to who may be legally liable.
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