Aggie118 said:

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Does not give me a warm and fuzzy on being made whole that way. If I had to guess, their insurance is trying to figure out how to not cover it and they don't want to have that conversation yet with me, if at all.

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Maybe one of the legal minds can chime in with some commentary. Years ago I had a situation where the insurance company was hemming and hawing about coverage. A letter was sent to the ins co that invoked the DTPA. For the life of me I cannot recall the what the letter was called but when the ins co received the "'Unknown name' Letter", the ins co became responsive.


From the internet.

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In Texas, treble damages may be awarded under the Texas Deceptive Trade Practices Act (DTPA) if an insurance company is found to have acted knowingly or intentionally in a fraudulent manner. This means that if the insurer's actions caused measurable financial harm and met specific legal standards, the victim could potentially recover three times the actual damages suffered.

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If he has a lawyer, you should probably get one too now, unfortunately.

On Monday you can tell him the attorney he can direct all HIS communication to.

It's past time amigo - get a lawyer.

Unless there is a broad indemnity in your contract with the broker, they owe you a machine or the replacement cost. The fact that they haven't offered and have retained counsel means you should probably be prepared to sue.

Yeah, the broker is dirty in this. Not directly complicit, but they know they are shopping work out to questionable drivers. And my guess is they are running above rate on claims and getting concerned about being insurable.

How does the broker even have a case here? What an absolute scumbag.

If you have to sue is there one of those provisions where you can claim treble damages? Could be a nice windfall at the end of this if so.

Aggie118 said:

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To be honest, I'm surprised that the lawyer told me that he hasn't even looked at any of the facts or findings of the case and has not had a chance to wrap his head around it yet while also conceding that there is any sort of resolution that is going to happen.

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I would expect he is going to start by trying to negotiate some settlement value less than the full replacement value of the machine.

txags92 said:

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Aggie118 said:

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To be honest, I'm surprised that the lawyer told me that he hasn't even looked at any of the facts or findings of the case and has not had a chance to wrap his head around it yet while also conceding that there is any sort of resolution that is going to happen.

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I would expect he is going to start by trying to negotiate some settlement value less than the full replacement value of the machine.

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I think so too, but why would anyone in my position do that? Seems like they are majorly exposed and 100% liable and they know it.

Aggie118 said:

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txags92 said:

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Aggie118 said:

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To be honest, I'm surprised that the lawyer told me that he hasn't even looked at any of the facts or findings of the case and has not had a chance to wrap his head around it yet while also conceding that there is any sort of resolution that is going to happen.

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I would expect he is going to start by trying to negotiate some settlement value less than the full replacement value of the machine.

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I think so too, but why would anyone in my position do that? Seems like they are majorly exposed and 100% liable and they know it.

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They are counting on you needing the money/machine more than you need the exact value if it takes too long to get it. They also expect you won't want to have to pay for a lawyer to go after them.

txags92 said:

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Aggie118 said:

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txags92 said:

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Aggie118 said:

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To be honest, I'm surprised that the lawyer told me that he hasn't even looked at any of the facts or findings of the case and has not had a chance to wrap his head around it yet while also conceding that there is any sort of resolution that is going to happen.

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I would expect he is going to start by trying to negotiate some settlement value less than the full replacement value of the machine.

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I think so too, but why would anyone in my position do that? Seems like they are majorly exposed and 100% liable and they know it.

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They are counting on you needing the money/machine more than you need the exact value if it takes too long to get it. They also expect you won't want to have to pay for a lawyer to go after them.

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Got it. Well, I'd like to have the money/machine but don't need it at this time to operate. I'm happy to have them pay for my lawyer to go after them.

I unfortunately deal with equipment theft a few times a year. Nature of the business I'm in.

You have a COI, just call their insurance and ask them for a claim number and update. You can also just make a claim directly on their insurance. There is nothing that says you can't speak with their insurance, especially if you're a certificate holder.

Have you notified your insurance? Our general liability carrier is really good about stepping in and making things happen on our behalf. They also have in house council that will represent us if needed. You don't have to necessarily make a claim on your own insurance for this.

Aggie118 said:

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To be honest, I'm surprised that the lawyer told me that he hasn't even looked at any of the facts or findings of the case and has not had a chance to wrap his head around it yet while also conceding that there is any sort of resolution that is going to happen.

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Don't be surprised when the lawyers play stupid and are lazy af.

Suggest you retain an attorney, let your attorney do all the talking, and go for treble damages. If the lawyer, the broker, adjuster, or others contacts you simply state 'Treble damages and Attorney Fees" and hang up the phone. Every thing you can offer at this point will be twisted and used against you.

Aggie118 said:

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txags92 said:

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Aggie118 said:

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To be honest, I'm surprised that the lawyer told me that he hasn't even looked at any of the facts or findings of the case and has not had a chance to wrap his head around it yet while also conceding that there is any sort of resolution that is going to happen.

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I would expect he is going to start by trying to negotiate some settlement value less than the full replacement value of the machine.

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I think so too, but why would anyone in my position do that? Seems like they are majorly exposed and 100% liable and they know it.

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Insurance companies and their lawyers are dirtbags...

I think it needs to be said that not only do they need to cover your attorney fees, treble damages etc… but also we've been your legal council AND very emotionally invested in all of this so they'll need to pay us as well.

WE, the OB, need to be financially made whole for this mess!

This is where retaining counsel immediately and making a demand while their lawyer is "getting up to speed" can be helpful, especially if includes notice of intent to file suit if not resolved by x date. Time is their friend, so pushing the pace may be a good strategy. Not a lawyer but have spent a lot of time on commercial disputes.

Additionally, if they come back with an offer for some amount less than replacement cost, the game shifts to your fighting their reasoning behind offering partial value. The quicker you get on the record for replacement value plus legal fees the better. Additionally, letting them know that if it does get to the point of filing suit and through discovery you uncover willful misconduct (they knew the driver wasn't who he said he was and they let him proceed with your shipment anyway), you'll amend your suit to seek punitive damages as well. Again, not a lawyer but have done more of these than I'd like to admit.

jh0400 said:

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aggiebrad16 said:

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I unfortunately deal with equipment theft a few times a year. Nature of the business I'm in.

You have a COI, just call their insurance and ask them for a claim number and update. You can also just make a claim directly on their insurance. There is nothing that says you can't speak with their insurance, especially if you're a certificate holder.

Have you notified your insurance? Our general liability carrier is really good about stepping in and making things happen on our behalf. They also have in house council that will represent us if needed. You don't have to necessarily make a claim on your own insurance for this.

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Why go through all of this headache? Insurance's job is to stand behind the insured, and the insured is who the OP has an issue with. If the broker was negligent, how they come up with the money to reimburse the OP is the broker's problem to solve.

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Man if you think this is tougher than retaining a lawyer, not sure I agree. It's pretty easy to just pick up the phone and get an update from their insurance. Then you can atleast know if the broker is full of ***** Does OP even know for certain if a claim has been made?

OP- have you heard from their insurance at all? If not, I'd be skeptical if they've even made a claim. I'm firmly in the camp that you need to reach out to their insurance to learn more about where in the process this is and what the hold up is, especially since you state the broker is not being very responsive. You are a certificate holder for a reason. That COI is more than just proof of insurance and that you're additionally insured.

I'll edit to add: it blows my mind how often another groups insurance doesn't have what it needs to proceed with a claim and no one is in a rush to get it done so they just wait. Reaching out to them as the one who had had damages done can really help speed things along. Ask pointed questions.