Transportation Claims Management and Prevention
Day 1
Understanding how to process freight claims — business practices, issues and opportunities
- Program orientation and overview
- Identification of attendee interests, problems and needs
- Streamlining claims handling through Business Process Improvement (BPI)
- Importance in meeting customer and top management expectations and key performance metrics
- Shipper and carrier interfaces — operations, claims processing
- Essential policies and practices
- Domestic terms of sales –– who is responsible for claims management?
The legal side of domestic claims
- Identifying and defining your transportation contractor
- What is the appropriate required documentation?
- Impact of third parties
- What amount of damages is legally recoverable?
- How “legal” knowledge helps you in claims negotiations and settlement
- What happens when a carrier or other party goes bankrupt?
- Update on economic regulations
The basics of dealing with international claims
- INCOTERMS of sale
- Impact of ocean carrier regulatory reform
- Historic limits on ocean carrier liability
- Dealing with ocean marine insurance
- North American cross-border claims issues
- Intermodal and third-party contractors’ responsibilities
Air cargo liability and claims management responsibility — international and domestic
- Evolution of domestic air carrier liability
- Deregulated domestic liability — limits, contractual basis, special/consequential damages, antitrust concerns
- International liability — nature, Warsaw Convention, monetary limits
- Liability in cases of substitution services
- Air carriers’ reactions to arbitration proposals
- Transborder versus transoceanic cases
Managing claims prevention and risk management practices
- Identifying solutions to the three major areas of preventable cargo losses
- Alternative risk management practices for shippers and carriers
- Roles and concerns of insurance companies, agents, brokers and surveyors
- Role of IT in support of OS&D claims management and prevention
Day 2
Motor carrier liability and claims management
- Role of STB and remaining economic regulations
- How liability is being negotiated in today’s business
- Potential pitfalls for shippers and carriers
- Deductibles, limited liability and released-value pricing services
- Shipper load/consignee unload, concealed damage
- Claims when commodities require temperature/protective service
Resolving rail claims disputes
- The intermodal liability situation concerning TOFC/COFC claims
- Claims for uncertain amounts
- What to do when shipping under released rates provisions
- Refused freight and return shipments
- Palletized cargo claims
- Salvage rights
Dispute resolution — alternative practices and procedures
- Use of independent mediators and arbitrators
- Transportation Arbitration Board (TAB)
- American Arbitration Association (AAA)
- Transportation Lawyers Association (TLA) and dispute resolution
- International claims dispute resolution
- When to go to court
- Preparation of case
- Burdens of proof and argument
- Review of individual cases and appeal procedures
Approaching claims management as Business Process Improvement (BPI) — use of process mapping
- Essential components of a claims management and prevention process
- Establishing and enforcing policies and procedures for dealing with claims
- Role of information systems — tracing, proofs-of-delivery, automated filing of claims with carriers
- Cross-functional and inter-company teams in claims BPI
Establishing a claims management action plan
Course evaluation, presentation of certificates and adjournment
Schedule
Day 1 — 8:30 a.m. – 5:00 p.m. Session
Day 2 — 8:00 a.m. – 4:00 p.m. Session
The University of Wisconsin–Madison, as a member of the University Continuing Education Association (UCEA), authorizes this course for 1.4 Continuing Education Units (CEUs) or 14 hours.
dtransue@exed.wisc.edu