IMUA Timely Insights Live: Montgomery SCOTUS Ruling-IMUA Timely Insights Live: Montgomery SCOTUS Ruling

Video Transcription

Video Summary

The webinar covered the U.S. Supreme Court’s Montgomery decision and its impact on freight brokers, shippers, and cargo claims. Larry Rabinovich explained that brokers have increasingly been sued in tort cases, especially for negligent selection of motor carriers, as plaintiffs look for “deep pockets.” He argued that the 1994 federal preemption statute was never intended to give brokers a blanket defense, and that common tort principles still apply. The Supreme Court’s decision was described as preserving state safety-based tort claims under the statute’s safety exception.<br /><br />Chad Krueger focused on the practical response from the industry. He said shippers and freight brokers are now paying much more attention to motor carrier safety data, including crash history, violations, inspection scores, and ongoing monitoring. Many brokers, he noted, previously focused only on authority and insurance, but are now being pushed by insurers and risk partners to adopt clearer safety standards, documentation practices, and staff training.<br /><br />They also discussed unresolved issues, including how Montgomery may interact with cargo claims and Carmack preemption, and how brokers may demand indemnity and additional insured status from motor carriers. The session ended with a Q&A and IMUA closing remarks.

Asset Caption

An engaging and timely virtual event exploring the landmark U.S. Supreme Court’s recent decision in Montgomery v. Caribe Transport II and its potential impact on inland marine insurance. Our speakers break down what the ruling means in practice, why it continues to shape legal and policy conversations across the country, and how courts and advocates are navigating its ongoing implications.

Whether you are an underwriter, claims adjuster, broker, or legal professional, this discussion will provide critical context, and expert perspectives on one of the most influential Supreme Court rulings affecting our industry in recent years.

Presented by:

Chad B. Krueger, ARM, TRS, CLCS
VP. Managing Director
CAB by Fusable

Laurence J. Rabinovich, Esq.
Partner
Barclay Damon

Keywords

Montgomery decision

freight brokers

cargo claims

negligent selection

federal preemption

motor carrier safety

Carmack preemption

broker liability