Transportation companies operate in a complex risk environment shaped by evolving regulations, intricate business relationships, and inherent operational exposures. A strong insurance and risk management program is essential to limit financial risk and support long-term stability.

Strategic Risk Management Solutions

Scopelitis advises transportation companies, insurers, and insurance professionals on the design and implementation of cost-effective insurance and risk strategies. The Firm helps clients design and evaluate insurance and alternative risk arrangements, including:

• Auto Liability and Non-trucking liability
• Occupational accident programs
• Contingent coverages
• Broker liability products
• Loss-sensitive programs (high-deductible and retrospective premium structures)
• Risk retention and risk purchasing groups
• Domestic and offshore captive insurance arrangements

The Firm also advises on reducing claim exposure, managing reserves, and limiting collateral obligations, including claim-fund deposits and letters of credit.

Regulatory Compliance and Coverage Analysis

Transportation insurance programs operate in a highly regulated environment. Scopelitis advises clients on state and federal insurance compliance while identifying operational risks across areas such as:

• Workers’ compensation coverage and premium audits (NCCI rules and state requirements)
• State and federal self-insurance qualification (including the FMCSA self-insurance program)
• Insurance arrangements that may implicate unauthorized insurance or unlicensed brokerage
• ACA compliance for health insurance and employee welfare benefit programs
• Arrangements that may constitute inappropriate Multiple Employer Welfare Arrangements (MEWAs)

By combining legal insight with industry-specific knowledge, the Firm helps clients proactively manage risk and align insurance programs with business and financial realities.

Coverage Disputes

Insurance disputes in transportation often involve shippers, brokers, carriers, insurers, and regulatory requirements, as well as complex policies. Scopelitis represents clients in pre-suit negotiations, alternative dispute resolution, and litigation in state and federal courts nationwide, including matters involving:

• Indemnification disputes and tenders of defense
• Insurance coverage evaluations
• Coverage denials and disclaimer disputes
• Reservation of Rights responses
• Review of customer, broker, carrier, and third-party insurance obligations
• Declaratory judgment actions involving insurance policy interpretation and enforcement

A Preventive and Collaborative Approach

The Scopelitis Insurance and Risk Management Practice emphasizes preventive planning and practical problem-solving to avoid litigation when possible. The Firm works with transportation insurance professionals and industry participants to resolve regulatory issues, coverage disputes, premium disagreements, and other insurance-related challenges. This collaborative approach helps transportation companies manage risk, strengthen resilience, and align insurance programs with long-term business goals. Reach out to Greg Feary, Jeff Toole, Shannon Cohen, Donald Devitt, Kelli Block, or Jannie Steck with questions.