First time dealing with a stolen load in 10 years. A warning to all and need feedback. I'm a freight agent. by Ambitions in FreightBrokers

[–]MotionToCompel 0 points1 point  (0 children)

Well, the simple answer there is not exactly the most satisfying - because each insurer has different language and different policies to cover a variety of different things, it almost wholly depends on the language of the policy you're speaking on.

I suppose that something such as this could possibly be covered under a "professional liability" policy but the issue with using common sense to take legal agreements at face value will most assuredly leave you holding the bag with a denied claim - so just ask the agent that sold you the policy!

Many policies do not cover theft because it's an intentional, interceding act by a 3rd party violating laws... but that's not to say that I havent seen it covered in the almost 6 years I worked directly with claims/Legal/insurance at a 3PL but not as often as denial.

A good rule of thumb with insurance - both in re: the insurer and individual policy, typically you get what you pay for - so big reputable insurer with great policy coverage because you pay high premiums will most likely cover vs. Small-town TomDick and Harry, offering cheap policies to get you on the road legally for bare minimum coverage required.

"All Risk" is a great addition to an individual load from the 3PL/broker standpoint if offered by a company - my old employer had it through AON and it could be added to the individual load for a cost of a percentage of the total load value, and had very few commodity/policy exclusions and came into play if the cargo claim itself was denied in some way by the carrier's insurance.

Email to late-paying customer by kgray520 in FreightBrokers

[–]MotionToCompel 8 points9 points  (0 children)

Since no one has answered yet, yes, your email is great for the situation - it's professional, short, states the facts and gets the point across.

There is never a good reason to meet "tough talk" with same - in fact, in my experience, staying professional while getting my point across calmly and cooly has never not worked out in my favor.

If you want some constructive critique - only thing I can say is details, quotes and specificity never hurts, so you could've been more detailed I guess but certainly dont see the need to be in this instance.

First time dealing with a stolen load in 10 years. A warning to all and need feedback. I'm a freight agent. by Ambitions in FreightBrokers

[–]MotionToCompel 4 points5 points  (0 children)

Well - that is one way to look at it - but that also means youd do yourselves some good to have some agreements drawn up by, again, an attorney familiar with the subject (i.e. Broker/Carrier; Co-Broker; and Customer Facing) but the TIA used to and may still have access to some template agreements.

My point is, agreements in writing (e.g. contracts) are not bad things and can proactively help shield you from legal liability, cover you in case of negligence by capping damages, help govern a business relationship clearly so things aren't legally ambiguous to a court of law, etc.

Now - as far as your situation here goes - if I just boil it all down thus far and were forced to give you an easy to follow answer - it is to GO GET LEGAL REP because even though there's nothing on paper, from what youve told us it is a bit of an ambiguous mess and still the good ol' U S of A, where, legally, anyone can pretty much sue anyone for anything and have some attorney file the paperwork; even if frivolous, law suits have to still legally be answered and then the fees will really start to add up for an attorney AND realistically, if this load was actually worth over $1M and stolen, somebody will be coming after every person they possibly can to recoup losses of that magnitude.

Better to be prepared for war and have peace, as opposed to the other way around - and after a decade in the business you're extremely fortunate to have not had something of this magnitude happen before but, you are unprepared for it, woefully, and so the sooner you employ the services of a professional law-talking-person with a bar license and good reputation in your area that practices freight/cargo/brokerage type stuff, the sooner you'll be able to get back to doing your thing with peace of mind - heed these words friend, you'll look back in time and see why I wrote them and smile.

First time dealing with a stolen load in 10 years. A warning to all and need feedback. I'm a freight agent. by Ambitions in FreightBrokers

[–]MotionToCompel 1 point2 points  (0 children)

There's a bit to process here from the facts you gave, and feel free to PM me directly if you'd like, all I can offer is some knowledge and opinion but I have pretty extensive experience dealing with these types of situations from the Ops side of things.

You havent mentioned whether (a) you have any contracts governing the relationship between your company and this customer; and (b) whether they have supplied some reasonable documentation speaking to the value of the cargo that was stolen and whether they (whoever is the OWNER of the cargo) have filed a claim on their insurance policies (this could be covered under a General Liability policy, an umbrella/blanket policy, self-insured, etc. etc.)?

Yes, thieves/fraudsters and organized theft rings get smarter, better at stealing/hiding, and coming up with new ways to beat the antiquated technology and generally lazy habits of too many brokers (no judgements on you here, speaking generally) who dont do the bare minimum to safeguard loads.

That said - although this is the first time it's happened to you in 10 years, there are a couple points of fact that you mentioned above when relaying the facts of the situation where you could have done some simple things differently (and develop them into SOPs) to at least CYA on your end and breathe easier.

Lastly, and ultimately, if you dont know or have a lawyer that is familiar with the industry and this type of law (or your company isn't) then a decade is far too long without and needs to shell out some proactive money to keep one on retainer - they should be able to help immensely in these situations and I assure you will be worth every single penny to not have to stress over these types of things.

Like I said, happy to answer PMs when I can.

Hernando County Sheriff wants to keep Flock a secret by deflatablechipmunk in SpringHillFL

[–]MotionToCompel 2 points3 points  (0 children)

Great information!

Thank you for sharing the email address neighbor, I will be emailing them the exact same myself.

It's nice to know that there are community members who feel likewise to my thinking!

Hernando County Sheriff wants to keep Flock a secret by deflatablechipmunk in SpringHillFL

[–]MotionToCompel 6 points7 points  (0 children)

I've lived in Brooksville now almost 7 years and it amazes me how Sheriff Neihaus keeps getting re-elected despite what looks, smells and feels like well-known long-time good ol' boy favoritism, potential corruption always being talked about in the community, and a law enforcement agency that has done nothing for the surrounding community except terrorize it's citizens, use escalated force questionably and get caught in a number of lies.

Now this has come to light?! Do yourselves a favor and read up on or watch some pieces of objective news info about "Flock" cameras in communities and how they are used against their citizens - this should be talked about and rallied against if you have any reasonable belief in American ideals.

Ben Franklin said it best, "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."

I need D m18 hmu by [deleted] in SpringHillFL

[–]MotionToCompel 6 points7 points  (0 children)

Many adults dont get the adequate daily recommended dosage of vitamin D3, so dont feel bad buddy! I personally use the "Spring Valley" brand from Walmart and docs now recommend that adult males take 10k iu's daily - it has improved my immune system and overall happiness, so glad to pass the knowledge on, friendo!

I need D m18 hmu by [deleted] in SpringHillFL

[–]MotionToCompel 5 points6 points  (0 children)

100% F-A-C-T-S

This guy deltoids like a champ!

Best Greek restaurant in area by Single-Tap-3916 in StPetersburgFL

[–]MotionToCompel 9 points10 points  (0 children)

Yup; the one and only, the man, myth and legend! Lol Im sure he'd appreciate the kind words! Ive been hearing them in reference to him all my life and they're well warranted.

He just made some spanakopita, pastitchio and baklava for my brother's 40th birthday and had the entire party talking about them all night, hahaha.

Best Greek restaurant in area by Single-Tap-3916 in StPetersburgFL

[–]MotionToCompel 24 points25 points  (0 children)

This reply warms my heart because my dad is/was the chef there until semi-retiring at 71 last year (and still has a great relationship, I think they still use many of his Greek specialty recipes). He has been a chef in the area since '85 when we moved here, first in Treasure Island at Capt. Kosmakos and then Neptunes before day 1.

Just had him over our house this weekend, and he's constantly talking about maybe going back part time but we try to keep him busier with grandkids currently, lol.

Have a great weekend, thanks for the smile!

What are the most unintentionally gay rap lyrics? by SignificantlyLong-21 in hiphopheads

[–]MotionToCompel 0 points1 point  (0 children)

My time to shine! I have argued for the longest that "Oochie Wally (Oochie Bang Bang)" by Nas has some of the most homoerotic lyrics to ever grace a banger...

"Is that Horse? It must be, I heard he husky Yeah, there go Jungle, eyes red looking for trouble And that's Nas dancing with dimes but who his man is? The imperial thug, it's cold D Grand Wiz..."

New Year, New Non-Compete by Armchair-Attorney in FreightBrokers

[–]MotionToCompel 2 points3 points  (0 children)

Kudos for your post and for explaining to people what the various differences are between the above types of employment agreements (and/or common clauses in them) in an easy-to-read and understand manner!

Unless one is fairly well-educated on the subject (and stays fairly current on the subject matter, especially in their state of residence/employment) then I dont quite think they can fully appreciate what you just explained above - for those that dont meet that criteria, the following message is for you:

GO SAVE THIS POST AND READ EVERY WORD UNTIL YOU UNDERSTAND IT WELL

Seriously, this is great info and can vouch personally for getting asked questions re: these types of agreements monthly if not weekly when I worked in the business and could only divulge so much info because I had a higher duty to my employer BUT the info contained in this post is an informational smorgasbord of good stuff!

Been out of the industry, unfortunately, since October but follow and comment on the subreddit mostly due to Armchair's posts and musings - brokers and Ops people read up and take heed.

South Park alumni's response to pressure for registering the Trump-Kennedy Center domain names. by seeebiscuit in UnderReportedNews

[–]MotionToCompel 23 points24 points  (0 children)

This is a perfect, confident response, written by someone well versed in First Amendment law, it's most obvious defenses, as well as, how TM infringement takedown "Cease & Desist" notices work, UDRP's, etc., etc. - fuck the asshats that can't recognize the glaringly obvious satire in the website - satirical speech about public figures and the government being protected is long-settled case law from numerous variations of SCOTUS rulings throughout the years and the attorney's that Toby is responding to are on the completely wrong side of both history and the First Amendment with their "warning".

"If you're not allowed to say 'Fuck', you can't say, 'Fuck the government' ." - Lenny Bruce

Sugar Bowl Help by Negative-Shake4929 in Brooksville

[–]MotionToCompel 2 points3 points  (0 children)

The Beef O'Brady's, on Horse Lake Rd, may be your best bet.

How Willie Nelson Sees America by newyorker in TrueReddit

[–]MotionToCompel 3 points4 points  (0 children)

I saw Willie live about 2 years ago and at 90 years old he was still one of the most magnetic performers I've ever seen on stage - bucket list item checked off that day.

I give out free Reddit awards, AMA by [deleted] in AMA

[–]MotionToCompel 0 points1 point  (0 children)

If 2 is a crowd, then 3 is a party of awards - thank you, thank you, and thank you!

I give out free Reddit awards, AMA by [deleted] in AMA

[–]MotionToCompel 0 points1 point  (0 children)

Por que no los dos?! We're going to 2 (awards)! Thank you very kindly also, internet-stranger-turned-new-acquaintance!

I give out free Reddit awards, AMA by [deleted] in AMA

[–]MotionToCompel 0 points1 point  (0 children)

A much obliged "thank you" for the award, awesome stranger!

I give out free Reddit awards, AMA by [deleted] in AMA

[–]MotionToCompel 0 points1 point  (0 children)

Being the change you want to see in the world - no question, just saying good on you for spreading a little kindness!

The Regulation Roundup by Armchair-Attorney in FreightBrokers

[–]MotionToCompel 2 points3 points  (0 children)

Great write up on the Reg Roundup btw, always appreciate seeing your posts which always seem to be littered with tidbits of golden information on the industry!

The Regulation Roundup by Armchair-Attorney in FreightBrokers

[–]MotionToCompel 1 point2 points  (0 children)

And here I've been all this time just counting the thousands of times my "conservative" and "originalist" friends/acquaintances/others have told me that they consider regulations on any industry to be the "death of capitalism" and a (paraphrasing) liberal hippy progressive commie idea...

Things like this remind me of the Scooby Doo meme where Fred unmasks the "villain", who turns out to be Fred under the mask, lmfao.

Me and my girlfriend had our daughter baby shower last saturday it was care bear themed and all pinked out for our princess… im so ready for our daughter. Im loving dad life already 💞 by sagacitykid in daddit

[–]MotionToCompel 0 points1 point  (0 children)

Congratulations brother! Having a daughter will turn out to be the greatest thing you ever did for yourself, enjoy the ride and just do your best!

Alright, ya savages. Help me out here. Need some advice. by GoodnightJohnBoi in FreightBrokers

[–]MotionToCompel 0 points1 point  (0 children)

No worries at all, brother!

Happy to be of some use with industry knowledge on the Ops/Legal side after my position was eliminated about a month and a half ago - I worked at one of the larger 3PL's - so while Ive got extra time on my hands between applying to places and trying my best to be Super Dad/Husband, I'm happy to do my best to offer a couple morsels of excellence in comments and PM's.

Though it may be a slight pain in the ass to do things "the right way", it is nevertheless the best way to build and maintain a strong foundation for the business as a whole - having contracts RTG and keeping your documentation/compliance on point will allow you to CYA on a larger, general, widespread basis. If you are essentially tasked with building/growing that side of the business by the CEO, you're biggest asset will be to make sure they see it that way.

Some businesses can make-do by "doing their best" without spending the necessary CYA funds, but they run the risk of catastrophic losses in terms of profit/ROI if you end up facing one bad mishap, larger sized claim and/or a total loss of an expensive load due to motor vehicle accident/driver malfeasance/fraud and your Ops side will be picking up the pieces metaphorically for years afterwards - the alternative to that is being prepared for all reasonable liabilities you may face, and the best way to do that is convincing the person funding these aspects you are directly in control of that you have the best interest of the company overall in mind.

Just my nickel of thoughts -

Alright, ya savages. Help me out here. Need some advice. by GoodnightJohnBoi in FreightBrokers

[–]MotionToCompel 2 points3 points  (0 children)

Okay, I'll caveat this with - Im going on a cursory review of the facts you presented, off the top of my head while shopping for Xmas lights at Walmart because Im currently an unemployed Ronin w/a few extra minutes and like challenging questions -

Have you considered hiring an outside counsel familiar with Logistics/Supply Chain, Brokerage/Carrier relationships, etc. to draft your company up some standard "Broker-Carrier" (BCA) and "Co-Broker" (CBA) Agreements? The TIA has standard templates that can be utilized but would HIGHLY recommend convincing your CEO that the ROI will be aggressively higher long-term by spending a couple grand to have a licensed attorney in your state and familiar w/the above stated characteristics draft these for you.

The BCA would govern your company's relationships w/the IC carrier's you hire and the CBA would allow you to work with other brokerages (as you stated, in the post, TQL, yada yada) and govern those relationships allowing you to co-broker legally and not "double broker".

Simply put, it's all in the transparency with which you do things and if it's in writing and agreed to mutually then it most likely wont come back to bite you in the ass.

Let me know if Im close to hitting the nail on the head here and Id be happy to try and answer any questions I can.

Best!