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Old 07-07-2005, 04:34 PM
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Join Date: Jul 2005
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Contingent Liability - IS THIS MY LIABILTY OR WHO I LEASE FROM?


What is the name of your state? Florida

We own a Tractor (Semi - Rig - Big Truck), We are leased to a company in Alabama. The lease states we should have Occupational Ins., until last week, NONE of us or very few had it. We got a letter in our paycheck on 06/24/05 which stated by 07/01/05 we needed to have Work Comp Ins. OR Occupational Insurance (it did have specific limits stated for what the coverage should be for) through AIG at a weekly payroll deduction of 43.30 per week. So, I called around and found it cheaper through the same company AIG (with more coverage)and signed up for it and paid for an entire quarter. Had my policy faxed to the company. Nothing was said in either of these "memos" about needing to have or pay for or a requirement for contingent liability.

Well, July 1 came and we get a new memo in paycheck basicly stated the same thing as the other but now they are going to double up on deductions "for the next few weeks". Which for me no biggie - I have coverage and paid in full to the other Ins Agent for a full quarter.....
Now I get a phone call saying my coverage is not good enough because it does not have "CONTINGENT LIABILITY"! I have to take theirs because theirs has it. They told me to cancel my policy with the other agent or have my lease cancelled or pa both Ins policies, but July 1 was the deadline. So the other agent was nice about the whole thing (also a friend of the company "Safety Director - I found out later on) and gave me a full refund. I checked into what "contingent liability" is and found out it has nothing to do with me, is not for my protection nor my benefit. So I call the Safety Man at our company and question this - he says its jsut the way it is to protect them, I ask is this legal, he replies he is not a Lawyer and I can speak to the owner. I asked him is the "contingent liability" listed on the policy or is it buried as "Additional Fees" becuase, that isn't going to get it with me. He said he would check into it. I then ask for a copy of their policy to be faxed to me so I can reveiw the coverages and see if it is the same or better than what I had, beings it is going to cost me more - he says "HE DOESN'T HAVE A COPY OF THE POLICY - HE'LL HAVE TO GET ONE!" I could have died. SO I ask how they can payroll deduct for a policy that they cannot even show anyone, and I again state my feeling on paying for Ins. that is to solely protect them (the contigent liability) . He says I can speak to the company owner and puts me to his voice mail - (always nice), never did speak to him. Already one driver has cancelled his lease and left the company over this matter.

I have asked several Ins Agents about my situation they are all very tightlipped and do not want to get in the middle of this or give me any advice or information.
Bottom line is: If I do not take what they want me to take I lose the lease - but on the other hand, I pay for all my truck expenses, all the high priced diesel, all repairs, and they get 30% off every single load I pull so why should a pay on a premium to cover them and their interests (the contingent liablilty) ??? That is their business expense just like I have mine.
That is like asking me to pay for thier Building Ins.
Why should I pay for a policy thatI have not seen? (the Occupational Ins)
Can they legally "roll in" that cost of contingent liability as "additional fees"?
If I got the specified coverage they stated in their memos and the coverage was better and cheaper - (except for the fact that I wasn't being charged for contingent liability that they want me to pay for) , why did I have to give up my policy for the unknown. I have heard nothing from them today and I am refusing to pay until they can produce a policy that I can reveiw but I still do not want to pay for their continget liablity. What if they cancel my lease?
I know I am asking alot of questions but I need alot of answers cannot seem to find them anyplace else. The whole thing smells fishy to me and I do not see how a bunch of drivers would allow a deduction on an unseen policy, needless to mention DOUBLE DEDUCTIONS for several weeks.
So I ask is all this legal???
Please Help.

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