As in any business model, Motor Carriers (MC) utilizing Owner Operators (OO) enjoy certain benefits while also assuming additional risks. One such risk is the potential "uninsured" exposure of the OO while not in a "business use" capacity for the Motor Carrier. The MC's Trucking or Commercial Auto Liability (AL) insurance policy provides coverage for the motor carriers' owned units as well as any hired tractors and trailer during their time of hire. Coverage ceases for an Owner Operator once they are no longer in a "business use" capacity for the Motor Carrier. The concern is the OO continues to utilize their vehicle while displaying the MC placard and may not have other insurance available. Many times, the "deep" pocket of the MC is called upon to make the injured 3rd party whole.
Three products have been developed to address the coverage gap for the Owner Operator.
Non-trucking Liability:
Cost: Low
Protection to Motor Carriers Auto Liability: Low
Market Availability: High
Non-Trucking Liability provides protection for "personal use" by utilizing a Trucking or Commercial Auto Liability policy form and attaching a "business use" exclusion. The difficulty arises in that the definition of "business use" is not typically defined in the policy rather it is derived directly from various state and federal Court decisions interpreting this phrase.
Unfortunately, "professional" has been interpreted very broadly and extends to "dispatch". Here are some typical scenarios that would not fall through the policy of non-truck with the broad interpretation of "commercial use" exception:
OO drop its load and return home for a trip to the grocery store include deviation (OO determine a golf trip home due)
OO takes garage over the weekend for maintenance (mealsOO is determined to keep the unit in accordance with the requirements of tenancy MC)
OO is out of town, between loads. You go to the movies. (OO courts determine is out of town towards MC)
Sample cover: OO uses its own trucks for personal time to run food and hits another vehicle.
Bobtail Liability
Cost: medium
Motor Car Carriers Liability Protection: Medium
Market Availability: Low
Many in the transportation industry use the same terminology for Bobtail Liability and Non Trucking Liability, when actually they are quite different. Bobtail defines coverage as "any time the trailer is unattached" whether or not the OO has been dispatched by the motor carrier.
Example of Coverage:
OO drops load and bobtails to pick up next load.
OO drops load at end of day and bobtails homes.
Be aware the Bobtail Policy will not respond anytime a trailer is attached, even if truly in a personal situation, e.g.:
OO brings homes an empty trailer and runs to the store on the weekend.
OO uses his tractor to a move a mobile home on weekend.
OO assists a friend in moving by pulling trailer with household goods
Unladen Liability:
Cost: High
Protection to Motor Carriers Auto Liability: High
The availability on the market: very low (for a class basis)
Empty weight of responsibility offers the slightest ambiguity in the relationship and the broadest measure of protection for the MC and OO. This policy provides insurance cover during bobtailing (without trailers) and during deadheading (no trailer or contain, without charge - no bill of lading), regardless of the shipment. The difficulty with this reference line is the low availability (usually not in a mastersettlement deduct program; rather the OO's need to obtain on a direct basis).
There are pros and cons to each of the coverage models which vary depending on the risk tolerance and the operations of the Motor Carrier and Owner Operator. Deciding on the right program can be critical to managing your risk. Enlist the help of a qualified insurance broker to review your current insurance programs and operations and to provide suggestions and options that best fit your needs.
Liposuction federal student loan consolidation homere finance