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AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE:

Important Considerations for Protecting Your Product During Transport

Your team worked hard on ﬁ nishing a big job for one of your largest customers. You have just built a complex plastic
injection mold or ﬁ nished machining a large group of aerospace castings. The job is done and all that is left is to
ship it out. Job over…right?

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Consider this scenario: You select a carrier from an online freight broker. It’s a great price, but unbeknownst to you,
the carrier is unlicensed. The shipment is damaged during transport, and when you try to recover for its loss, the
insurance company rejects the claim because the carrier was not licensed. Unfortunately, this scenario happens all
too often. What are the options? What would you do? Should you simply eat it? You might try to bring suit against the
online broker or insurance company, but then, it’s possible that attorneys’ fees may far exceed the recovery and take
years to get to resolution.

Is there a good way to handle this situation? State and Federal laws may be at play and agreements regarding
shipment may drive the outcome. For thoughts on this complex issue, EDM Today reached out to Anne Fishbeck,
who practices with the Transportation & Logistics Service Group at Amundsen Davis in Chicago and Indianapolis,
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and Marc Kunkin from Casey and Barnett, LLC in New York.
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