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Bits and Pieces
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Well this has been an interesting month up here in the Big Apple, with an earthquake and a visit from Irene. Even the New York City Subway system, which stops for nothing, was shut down. What ever happened to the slow days of August?
This month our own Shuie Yankelewitz was provided an opportunity to represent your interests at the Traffic Records Forum in Charlotte, North Carolina. He did a great job representing the insurance industry, if I do say so myself. He was extremely successful in impressing upon the state agencies that you are in this with them and everyone is pulling for safer roads. The need for correct data is critical to insurers, law enforcement and other governmental agencies.
Tiana Cain has set up an on-line survey questionnaire for you to complete to tell us how we are doing. The responses have been great so far and we thank you for taking the time out of your busy day to give us feedback. For those of you who have not responded you can take the survey by clicking here.
For anyone in the Minnesota area, I will be speaking at the IMUA meeting on September 13, 2011. The link for the meeting presentation and registration can be found on the IMUA website at www.imua.org. I am looking forward to meeting up with you as we discuss the issues facing the cargo insurer industry.
In other news:
EOBR - The OOIDA has been successful in its initial attack on the proposed regulations requiring electronic onboard recorders for motor carriers with a safety history of 10 percent or greater level of non-compliance with the hours-of-service regulation after a compliance review. The 7th Circuit held that that DOT failed to ensure that the regulations would not harass drivers, a mandate required before the regulation can be implemented.
HOUSEHOLD GOODS - The FMCSA issued regulatory guidance to clarify the appropriate and intended use of blank or incomplete documents under 49 CFR 375.501(d) – Must I write up an order for service? According to the release, carriers may require shippers to sign incomplete, but not blank, documents so long as the omitted information is limited to: (1) The actual weight of the shipment, in the case of non-binding estimates; and (2) unforeseen charges incurred in transit. The guidance also clarifies that carriers may not require shippers to sign “Revised Written Estimates,” “Rescissions of Old Estimate,” or other documents authorizing the carrier to rescind an estimate unless the shipper and carrier mutually agree to amend the estimate, and the shipper signs a new estimate before the carrier loads the shipment. The original version of § 375.501(d), published as an interim final rule, prohibited carriers from requiring individual shippers to sign blank or incomplete estimates, orders for service, bills of lading, or any other blank or incomplete documents pertaining to the move.
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Hello from the Green Mountains of Vermont. I must say that it is difficult to focus on trucking issues while here in the mountains, away from the sweltering heat in NYC; but I guess I must. I hope you are all taking some time to enjoy the summer.
This month we report:
NAFTA - As the battle lines continue to be formed over the opening of the border, the TSA issued its report on thefts in Mexico. According to TSA’s “Transportation Suspicious Incidents Report", criminals in Mexico hijacked more than 10,000 commercial trucks last year – many of which likely included cargo. In addition the TSA has reported that drug cartels and other highly organized criminal groups could be able to circumvent American border security by “cloning” trucks that have clearance through programs like the Customs-Trade Partnership Against Terrorism (C-TPAT) and Free and Secure Trade (FAST). The FMCSA has also issued notice that it intends to proceed with its pilot program to open the border. A copy of the notice of intent can be viewed here. The OOIDA immediately filed a petition to seek to stay the border opening which the FMCSA has rejected. The borders are expected to open under the pilot program in the upcoming weeks.
TORT REFORM - Tennessee has signed into law legislation capping non-economic and punitive damages in personal injury actions. Subject to certain exceptions, non-economic damages can not exceed $750,000 and punitive damages can not exceed twice the total compensatory damages or $500,000 which ever is greater. The act goes into effect on October 1, 2011. Special thanks to my colleague, John Anderson, Sr of Dickinson Wright, PLLC for passing this info along. In Pennsylvania, joint and several liability has been eliminated, with each defendant responsible only for their own share of the damages. Both legislative efforts are applauded by truckers and insurers alike.
SUIT AGAINST FMCSA - An action has been commenced against the FMCSA stemming from a fatal truck accident. The plaintiff alleges that the FMCSA needs clearer guidelines for carriers with multiple violations so that they are taken off the road before accidents like this happen. We will follow to see where this goes and expect it to be vigorously fought by the FMCSA.
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Welcome to summer. I must say that we were all greatly impressed with how smart you all are when we reviewed the submissions to our contest on the meaning of our new logo. Some of you made it sound even better than what we articulated! The winning response, as determined by the absolutely subjective decision of the staff here at CAB was submitted by Anthony V. Engel from Chubb. His interpretation:
“New logo looks great and symbolizes that CAB is the place to take multiple data input sources and streamline them through the CAB to get useful analysis for better decision making. CAB - your one-stop source for everything related to Transportation Risk.”
So many of you were close, but he was the first one, timed by e-mail submission to get to the point. Anthony has asked us to donate his winning gift certificate to a charity. His prize is being sent to US War Dogs, an organization helping military animals, www.uswardogs.org. Thank you Anthony for that extra showing of kindness. Thank you all for contributing. We were actually surprised that we did not get many smart alec remarks, since we personally know so many of you!
Just a reminder to all of our premium subscribers that there is a new tab - the History tab - on the submission report which will allows you to see the changes made by the carrier on its MCS-150 form as well as the historical ISS-D and BASIC scores. As part of our commitment to help you truly Know Your Insureds, we have added this enhanced feature to provide deeper insight into the potential risks.
This month we report:
INDEMNIFICATION CLAUSES - Oregon has joined forces with 30 other states to preclude shippers from requiring indemnity from motor carriers for transportation contracts, including incidental and assessorial services which carriers provide, including storage incident to transportation. The new legislation will impact contracts entered into after May 27, 2011.
U.S. FREIGHT TRANSPORTATION FORECAST TO 2022 - The ATA has released its report on its forecast for trucking and the forecast is for sunny skies! Trucking continues to dominate freight transport, with 67% of the freight tonnage and 81% of the freight revenue. Overall freight tonnage is expected to grow by 24% by 2022, with trucking share of tonnage increasing to 70% and revenues up slightly to 81.4%.
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Welcome to the new “CABAdvantage Bits & Pieces”. We have worked hard at CAB to be the "go to" place for all motor carrier information. Utilizing the wealth of data provided by CAB gives you the advantage that you need to operate successfully. We want you to have the CABAdvantage! We created a new logo to go with the “new and improved” CAB. We would love to know what you think. There is a $50 gift certificate for the first person to e-mail us and correctly explain what this logo signifies! E-mail Mark Schweber with your entry.
Our new website is www.cabadvantage.com (we recommend that you save it to your favorites) and our email suffix has been changed from @cabfinancial.com to @cabadvantage.com. But don’t worry – using our old website and email addresses will still get you where you need to be until you update your records.
A great time was had by all at the IMUA annual meeting in Chicago. Although it was a bit brisk weather wise, it was great to connect with everyone again and to let Tiana Cain finally meet all of the people that I have talked about. Thank you to everyone who stopped by our table to meet her. I, as you would expect, never sat at the table – there are just too many people to talk to and not enough time. A special acknowledgement goes out to Frank Oleskiewicz who received the first Lifetime Achievement Award from the IMUA. Frank has been an asset to the industry and it has been my great pleasure to work with him on the transportation committee these many years. The award could not have gone to a better candidate.
This month I will be speaking at the IMUA Great Lakes Advisory Meeting in Ohio together with Mike Guthrie of GenRe, so plan a frolicking and fun-filled afternoon discussing carriers, brokers, and warehouseman and their insurance needs. You can register for the program, in Ohio, at the IMUA website at www.imua.org.
As a much loved godson leaves to serve in Afghanistan this Memorial Day it reminds me once again to be thankful to all of those who serve and protect our country. So to all of our service members, both now and in the past, we salute you and wish you well this Memorial Day holiday.
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This has been a busy month. It was fun catching up with some of you at the AAIS annual meeting and addressing the continued need for financial underwriting of motor carriers in the post BMC-32 world. Financial underwriting remains as critical a part of the underwriting process as motor carrier operations diversify. Underwriters need to ensure that they are aware of the risk they are undertaking and pricing it correctly. We are happy to talk to you about it if you would like information on the subject. I also had the opportunity to speak at the IMUA Midwest Regional meeting this month and meet many old and new friends and discuss these very topical issues.
I am heading out to Dallas this week to speak at the National Truck and Heavy Equipment Claims Council meeting to assist that notable organization in making sure that the industry has adjusters who can properly handle the complexity of cargo claim work. Anyone interested in becoming a member can take a look at their website at www.nthecc.org. They would also be pleased to provide you with their most current book containing information on licensed adjusters in this field. If you would like a copy, simply e-mail
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
and they would be happy to send you one.
The IMUA annual meeting is coming up quickly and we look forward to seeing many of you in Chicago. This year I will be joined by Tiana Cain, who will have a table in the vendor area so that she can meet all of you and show you all of the new items which you should be using on a daily basis as you underwrite your risks. Stop by the table and say hello. You won't be disappointed.
This month we report:
INSURANCE SCAM - A California licensed insurance agent, Paul Daniel Cornejo, has been arrested and charged with collecting premiums from long-haul carriers and never actually obtaining the policies. His company apparently serviced the Inland Empire area under the name Tatemas Truck Insurance Services and Royal Insurance Group Services, Inc.
TRUCK ACCIDENT REPORTS - The DOT has announced that the number and rate of traffic fatalities in 2010 fell to the lowest levels since 1949. According to the National Highway Traffic Safety Administration's (NHTSA) early projections, the number of traffic fatalities fell three percent between 2009 and 2010, from 33,808 to 32,788. Since 2005, fatalities have dropped 25 percent, from a total of 43,510 fatalities in 2005. They also project that the fatality rate will be the lowest recorded since 1949, with 1.09 fatalities per 100 million vehicle miles traveled, down from the 1.13 fatality rate for 2009. The decrease has even greater significance when we recognize an estimated increase of nearly 21 billion miles in national vehicle miles traveled. A regional breakdown showed the greatest drop in fatalities occurred in the Pacific Northwest states of Washington, Oregon, Idaho, Montana and Alaska, where they dropped by 12 percent. Arizona, California and Hawaii had the next steepest decline, nearly 11 percent. You can view the NHTSA's latest statistical projections of traffic fatalities in 2010, including regional estimates here.
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