How Is Your Freight Brokerage Open to Risk?

There are two primary ways that all freight brokerage firms are open to litigation risk. Understanding these risks is imperative for any freight broker business, given that so many cases involving motor carriers and freight brokers today have no caps on the size of judgments.

One way freight brokers are being found liable in cases involving motor carriers is through vicarious liability. Vicarious liability occurs when a freight broker has done too much regarding the operations of the motor carrier business or drivers. It is especially dangerous because it expands a freight broker and shipper’s limited liability under law to the unlimited liability of a motor carrier.

Negligent hire is another type of allegation that freight brokers are now facing more often. It means that a freight broker did not do enough work when hiring a motor carrier. If a freight broker has not done their due diligence to vet the safety rating of a motor carrier and there is an accident, the freight broker then becomes an involved party in the litigation.

In both of these scenarios, general freight broker liability coverage is not enough. In fact, most general policies won’t cover either of these types of allegations. That’s why it is so important to work with an insurance agent who truly understands your industry and the specific risks you face.

Types of Insurance Every Freight Broker Should Have

There are many different policy types available on the market today, and deciphering which policies make the most sense for the size of your business and your shippers’ requirements can be dizzying. At a minimum we believe that all freight brokers should have three types of liability coverage to remain competitive and protected in the market:

  • General Liability – This is the most basic type of coverage that all freight brokers should have, however many don’t realize that it is intended to respond to the financial risk that can be assumed for third-party bodily injury claims occurring on your premises. These policies are typically more affordable because of the relative low-risk of liability. However, it’s important to note that they do not offer protection for most litigation where a motor carrier is involved.
  • Freight Broker Auto Liability – This type of insurance responds to defense costs from the first dollar plus any judgment levied when a freight broker is named as one of the defendants in a lawsuit related to bodily injury or fatality claims where a motor carrier is involved in accidents and third parties are injured or killed. When buying one of these policies, be sure to choose a plan that doesn’t have an “annual aggregate limit,” otherwise you may still find yourself paying out of pocket. It is better coverage to have an auto liability policy that covers up to $1 million per occurrence.
  • All Risk Contingent Cargo – Moving freight with LTL (Less Truck Load) Motor Carriers necessitates a broader form of Shipper’s Interest coverage than what is typically provided. This insurance coverage is purchased on a per-shipment basis where costs for the coverage can be passed on to owners of the cargo for those who desire full replacement cargo coverage.

Insurance for Special Circumstances

There are many reasons why a freight broker would need more specific forms of insurance coverage to successfully protect their business and position themselves to meet the needs of larger shipping clients. Here are a few types of policies to consider based on your company’s target clients and growth goals:

  • Broad Form Contingent Cargo Insurance – This coverage is required when a freight broker assumes responsibility for lost cargo or damages that the motor carrier has not paid. It’s important insurance coverage and an extra level of protection for your shipping clients when a motor company’s coverage fails.

    Contingent cargo coverage may be available for FTL (Full Truck Load) shipments under most circumstances. However, some types of high-risk cargo — such as alcohol, tobacco, expensive electronics, cell phones, copper and other non-ferrous metals — require a broader form of cargo coverage.
  • Professional Liability (Errors & Omissions) – Errors & Omissions responds to the legal liability for financial loss (not limited to the value of the cargo) incurred by a freight broker’s shipping client caused by the freight broker’s negligence, error or omission in the normal course of providing domestic freight broker services. This insurance provides additional peace of mind to shipping clients that their interests are protected.

Is Freight Broker Insurance Affordable for Your Business?

If you’ve held off on exploring different insurance options because you thought they were out of reach financially, you may be surprised to learn that not only can additional insurance be affordable for your business, it can also be an important tool to help differentiate you and land larger shipping clients. Most policy amounts are determined by your Gross Freight Receipts, however in many situations you may also require special endorsements or excess limits to be more competitive.

For example, clients such as Newcore Industries have specific insurance requirements in order for them to do business with certain freight brokers. LogistIQ has the ability to guide you in finding and packaging the coverage you need to satisfy your clients’ demands. We can tailor insurance coverage around your shipper requirements or help negotiate the requirements that lay out what a freight broker can and cannot offer. Our Broker Shield program is designed to protect US freight brokers in today’s market.

Explore Your Insurance Options

If your business goal is to attract more and larger shipping clients, it’s time to see how freight Insurance Fast can be your vehicle to do just that. LogistIQ has over 40 years of industry experience serving only freight brokers with their insurance needs. We’re here to guide you through the process and support you in staying protected so that you can continue to focus on what you do best—your business.

Contact us directly here and learn how LogistIQ can help position you for safety and success in the years ahead.

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