Freight Broker Cargo Legal Defense vs Contingent Cargo Broad Form

Is anyone familiar with either of the following two insurance policies for brokers? The reason for the ask is that in the past it was suggested to me by a GM of a pretty reputable dealership that if I got a 1MM dollar policy they would start giving me loads to broker. Normally only a carrier is required to have a 1MM dollar policy. Below are two types of policies that brokers can get that kick in after 1MM from the carrier is exceeded or does not get paid for one reason or another. In a nutshell; is anyone familiar with additional policies that cover automobiles and has anyone ever had someone in the auto industry suggest that they get some sort of additional policy in order to do business with them?

Section B - Freight Broker Cargo Legal Defense

Designed to respond to the “legal” liability incurred under law by a domestic Freight Broker. A critical factor with this coverage is the defense provision. The Broker Shield form has a strict “duty to defend” provision and the policy deductible does not apply to the defense cost. As a result, all attorney fees are paid from first dollar. We also work with some of the most experienced attorneys in the country who specialize in representing domestic freight brokerage operations.

Section E - Contingent Cargo Broad Form

This coverage is required when a freight broker agrees to assume responsibility for cargo loss or damage that a motor carrier fails to pay. Whenever a freight broker signs a contract with a customer client it should be reviewed to determine if it is expanding the freight broker’s liability assumed under their D.O.T. domestic freight broker authority. Often these contracts contain indemnity clauses which require the freight broker to assume responsibility for a cargo claim should the trucker fail to pay for loss or damage associated with the freight. This coverage is available for Full Truck Load (FTL) shipments for most commodities shipped. However, certain high-risk cargo exposures (for example: liquor, tobacco, high value electronics, cell phones, copper and other non-ferrous metals) require Broad Form cargo coverage with a strategic risk management program to reduce theft.

One more thing here...from what i'm being told... "The primary difference between the Freight Broker Cargo Legal Liability and Broad Form Contingent Cargo is that the Legal form is designed to provide defense if brought into litigation and it will pay any judgements against the insured, up to the policy limits. The Broad form is designed to pay claims, if the motor carrier’ insurance fails to, without being triggered by litigation."

Both coverages are ideal, but again the Broad form does not provide legal defense.

what say yee the Freight Group universe?

15 comments