Transportation Industry Articles

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Maritime Law

Circuit Split Widens over Exculpatory Clauses in Maritime Contracts:

2004-02-01 | Michael A Orlando

Michael Orlando explains how a recent Eighth Circuit decision involving a fire at a marina highlights and widens the current split among federal circuits over the enforceability of 'red-letter' clauses.

Surety 02

ERISA Preemption and Claims for Employee Benefits

2004-01-01 | Marilyn Klinger

While prevailing California case law still holds that ERISA preempts an employee benefit trust fund action against a payment bond surety, this trend is waning. Marilyn Klinger explains._x000D_

Corporate Aviation

Private Aviation: Developing a Corporate Policy

2003-12-13 | Adam Webster

Most firms don't have an internal policy, oversight, or any method of tracking the use of private aircraft by staff members. Adam Webster identifies key features of such policies.

Corporate Aviation

Private Aviation: Being an Additional Insured

2003-10-11 | Adam Webster

Private air charters pose many risk management and insurance challenges for clients. In this new corporate aviation column, Adam Webster discusses what to watch out for.

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Are Letters of Credit Securing a Surety's Potential Exposure Not as Safe as Once Believed?

2003-08-01 | Marilyn Klinger

Sureties generally prefer LOCs as collateral in case their principals or indemnitors file bankruptcy. Marilyn Klinger examines court cases that ruled otherwise.

Maritime Law

A Lien Is a Lien Is a Lien, but a Maritime Lien Is Not

2003-06-01 | Michael A Orlando

In his maritime legal trends column, Michael Orlando discusses maritime liens - what they are and what they are not - and a recent disturbing decision by the Fifth Circuit Court of Appeals.

Surety 02

Subdivision/Improvement Bonds

2003-04-01 | Rolf A Neuschaefer

Also referred to as site improvement, plat, completion, or simply performance bonds, subdivision/improvement bonds help cover the owner/developer. Rolf Neuschaefer explains.

Surety 02

Can a Surety Enforce the Automatic Stay in the Principal's Bankruptcy?

2003-02-01 | Marilyn Klinger

Where a contract has not been terminated prior to the bankruptcy, a surety has standing to enforce the automatic stay against the owner. Marilyn Klinger discusses the factors that can affect recovery._x000D_

Maritime Law

Maritime Pollution: Mixing OPA and CERCLA Makes for Foul Waters

2003-01-11 | Michael A Orlando

The interaction between the Oil Protection Act and the Comprehensive Environmental Response, Compensation, and Liability Act over an Oil Spill Liability Trust Fund recovery can be muddy. Michael Orlando explains.

Surety 02

Minimum Insurance Requirements

2003-01-01 | Rolf A Neuschaefer

The principal's financial stability is vitally important to the surety underwriter. Rolf Neuschaefer explains what to look for when risk of loss is transferred to others by contract.