The Wisconsin Court of Appeals issued an opinion in the case of Rogers v. Great West Casualty Co., highlighting how contract language can increase liability exposure for cargo and property brokers when there is insufficient insurance coverage. In this case, the motor carrier’s insurer had already tendered its limits of coverage. Plaintiffs sued the broker, and the court found issues of fact as to whether the broker was acting as a motor carrier and may have been liable for the accident as a statutory employer under federal law. In the shipping contract, the broker affirmed it was a licensed motor carrier and that all trucks would meet certain specifications. The court held that these provisions in the shipping contact assured the shipper that the broker would haul the load and may have been relied upon by the trier of fact to conclude that the broker was liable as a motor carrier. The court explained that if the broker has reserved the right to broker the load, the shipper would have been on notice that another entity could be involved. The decision reinforces the importance of scrutinizing contract language.