Types of Coverage Available to Transportation Brokers and Freight Forwarders

Broker Bond

A surety bond in the amount of $75,000 is required by the FMCSA under 49 CFR Part 387.307 for all licensed brokers of property. A Form BMC-84 is used to make the filing with the FMCSA and remains in effect until cancelled by the bonding company.
The surety bond is used to ensure the financial responsibility of the broker by providing for payments to shippers or motor carriers if the broker fails to carry out its contracts, agreements, or arrangements for the supplying of transportation by authorized motor carriers.

To get a jump on applying please follow the link below. Please email application to: [email protected]
Broker Bond Application.

Broker Trust Fund

A trust fund in the amount of $75,000 is option under 49 CFR Part 387.307 that a licensed broker of property can use in lieu of a surety bond. A Form BMC-85 is used to make the filing with the FMCSA and remains in effect until cancelled by the bonding company.
The trust fund is used to ensure the financial responsibility of the broker by providing for payments to shippers or motor carriers if the broker fails to carry out its contracts, agreements, or arrangements for the supplying of transportation by authorized motor carriers. Where a surety bond is administered by the bonding company, the owner of a trust fund has more control over how claims are paid from the fund.

Contingent Cargo Legal Liability

This type of policy is designed to protect a transportation broker or freight forwarder against the liability assumed when making arrangements to move cargo for others. Contingent Cargo Legal Liability provides coverage when a trucker's primary motor truck cargo policy fails to assume the responsibility for cargo loss or damage. These policies respond to the legal liability that transportation brokers and freight forwarders assume under law.

Principal benefits include:

• Claims Support:  Attorneys and specialists in freight claims processing will provide support and council to assist in the collection of claims from truckers and their insurance carriers.
• Attorney Fees and Cost to Defend Your Firm From Suits Relating to Cargo Damage and Theft:  If a trucker's motor truck cargo policy fails to satisfy a legitimate cargo claim and a suit is instituted against the freight broker or forwarder, defense coverage is provided. The costs associated with these types of lawsuits can be significant, even if groundless. With this coverage, your firm will avoid incurring the legal expenses associated with defending or paying the cargo claim. The cost of the attorney's fee, plus any settlements will normally be paid up to the policy limit.

Contingent Auto Liability

This policy is designed to protect against the liability assumed by transportation brokers and freight forwarders when the truckers that they have under contract are involved in accidents where bodily injury, death or property damage take place. Defense coverage will normally be provided in most policy forms and will provide for an attorney to be assigned by the insurance company to defend the transportation broker or freight forwarder. The policy will cover the cost of the attorney and if found liable, will pay the agreed settlement amount up to policy limits.

Truck Broker Liability

This policy is designed for truck brokers, along with trucking operations, that have brokerage authority. It provides primary coverage - not the less adequate contingent auto liability that insureds presently have. The Truck Broker Liability policy is a hybrid primary liability policy that addresses the truck broker's general liability arising out the ownership and use of a truck by the motor carrier of a brokered cargo move, in conformity with a written truck brokerage agreement.

Truck Broker Liability (Primary) coverage provides bodily injury and property damage liability coverage protecting the truck broker if they are brought into legal action caused by a truck accident involving a motor carrier to whom they brokered a load. Limits of Liability like an automobile liability policy apply to each accident with no policy aggregate. Defense costs are outside the limits of liability. The same coverage applys regardless of the type of cargo being hauled.

General Liability

A policy designed to respond to the liability a freight broker could assume other then liability to cargo or liability as result of a vehicle being driven. For example if a third party trucker or warehouse personnel were injured as result of cargo being unloaded from a truck and the freight broker is dragged into a law suit. Defense coverage will normally be provided in most policy forms whereby attorney will be assigned by the insurance company to defend the freight broker/forwarder and incur those costs and if found liable respond to the agreed settlement amount up to policy limits.

FreightGuard Spot Cargo Insurance Program

Shippers, freight brokers and freight forwarders use FreightGuard to provide insurance protection on cargo in transit. For high value freight, they cannot rely on traditional cargo policies that contain numerous exclusions and claim conditions. Often times, settlement is based on weight. Pennies on the pound.

FreightGuard's Insurance Policy is a significantly broader form of coverage, which is in the name of the party who actually owns the cargo. When a claim occurs, you don't have to prove who was responsible for the damage or theft - only that it took place during the insured transit.