Motor carriers vs. contractors: Whose insurance is on the hook?

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By Paul J. Kozacky and Jessica M. Fricke

Paul J. Kozacky is a partner at Kozacky & Weitzel P.C., where he is a counselor and trial lawyer for business clients and has concentrated on transportation and maritime law. He can be reached at pkozacky@kozacky.com.

Jessica M. Fricke is a commercial litigation associate at Kozacky & Weitzel P.C. who focuses on surface transportation contracts and controversies. She can be reached at jfricke@kozacky.com.

Posted September 25, 2014 2:56 PM

Two recent insurance coverage cases highlight the ever important characterization of activities undertaken by the independent contractors frequently engaged by motor carriers. The fine line between whether or not a contractor is conducting those activities as part of “the business of” the carrier can mean the difference between a loss being born by the carrier’s own insurer or the contractor’s insurer. In Progressive Premier Insurance Co. of Illinois v. Emiljanowicz, 2013 IL App (1st) 113664, …

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