(Question Certified to the Hawai’i Supreme Court – Is a Permissive User of a Vehicle Entitled to Uninsured Motorist Coverage When Struck as a Pedestrian While Returning to the Vehicle After Running an Errand?)

(War Exclusions Did Not Apply to Bar Claim for Costs Incurred by a Television Production Company Due to Relocation From Israel)

(Certified Question to the Nevada Supreme Court Relative to Whether an Insurer May Recover Defense Costs Incurred in Connection with a Claim Which Was Not Covered by Its Policy)

(Regional Liability Administrator’s Conduct as Managing Agent on Behalf of Insurer in Connection with Evaluating UIM Claim Based on Selective Review of Medical Records Justified Imposition of Punitive Damages Against Insurer)

Many trucking companies were celebrating the recent decision by the Federal Motor Carrier Safety Administrator (the Administrator) when, in pure Heisman trophy fashion, the Administrator “stiff-armed” California meal and rest period laws on his way to the proverbial end zone.

An Arizona court recently ruled that language included in a motor carrier’s email signature block became part of the operative contract between the parties. The language at issue referenced and incorporated standard terms and conditions into all business transactions, and was included in the motor carrier’s offer of services. The court held that the email signature block, and, consequently, the terms and conditions, became part of the contract between the parties when the offer was unconditionally accepted. Brokers and carriers should take note of the clear benefits of referencing and incorporating their preferred terms and conditions into all of their written communications.

On May 7, 2019 a jury in Hidalgo County, Texas, awarded $80 million in damages to trucker Lauro Lozano following his allegations that the trucking company he worked for forced him to falsify his logs so that he could continue driving in violation of federal hours of service requirements.

International Registration Plan (IRP) is a reciprocity agreement among states of the U.S., the District of Columbia, and provinces of Canada which recognizes the registration of commercial motor vehicles issued by other jurisdictions. Motor carriers register with and pay to one jurisdiction (their “base jurisdiction”). Registered motor carriers receive apportioned plates and are able to travel through all IRP member jurisdictions. Commercial motor vehicles either alone or used in combination weighing more than 26,000 pounds (11,794 kilograms), and traveling in two or more jurisdictions, are likely registered under IRP.